Kosowsky v. Fidelity & Deposit Co.

This is a suit against the surety on the official bond of Frank Cleveland, sheriff of Dickinson county, in 1926, to recover damages for assault and battery and false imprisonment. The condition of the bond omitted some statutory language, but contained the essential requirement that the sheriff should “well and faithfully perform all and singular the duties incumbent upon him * * * as said sheriff.” While the terms of the official bond are prescribed by 1 Comp. Laws 1915, § 2442, tbe statute is -directory, and substantial compliance therewith binds the surety. The bond was the statutory one.…