Town of Canton v. Bank of Lewis County

This suit is based upon a depositary bond. The cause was tried before the court, a jury having been waived. The trial court found the issues in favor of defendants, respondents here, and plaintiff, the town of Canton, appealed. The amount in dispute exceeds $7500, hence our appellate jurisdiction.

On the 28th day of April, 1931, the Bank of Lewis County was selected as the depositary of the funds of the town of Canton. On April 29, 1931, the bank executed and delivered its bond in the penal sum of $25,000 for the faithful performance of its duties as depositary. The sureties on this bond were…