Town of Platteville v. Hooper
Wisconsin Supreme Court
APPEAL from the Circuit Court for Grant County. The action is upon the alleged official bond of the defendant Hutchens, as town treasurer of the plaintiff town for the year 1883. The other defendants are the sureties in such bond. The breach assigned is the failure of such treasurer to pa}*- over to his successor in office, on due demand, certain moneys belonging to the town, which came to his hands as treasurer.
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APPEAL from the Circuit Court for Grant County. The action is upon the alleged official bond of the defendant Hutchens, as town treasurer of the plaintiff town for the year 1883. The other defendants are the sureties in such bond. The breach assigned is the failure of such treasurer to pa}*- over to his successor in office, on due demand, certain moneys belonging to the town, which came to his hands as treasurer. The complaint contains a copy of such bond and sufficiently alleges the breach of the condition thereof. The form of the bond is in all respects in compliance with the requirements…
1Opinion of the CourtLyoh, J.
The only objection taken to the complaint is that the bond in suit runs to the supervisors of the plaintiff town, instead of “ the town by its name,” as required by sec. 810, R. S. It is not contended that the bond is not valid, as a voluntary obligation, and, indeed, since the decision of this court in Lewis v. Stout, 22 Wis. 234, such a position cannot be successfully maintained. It was there held that, although the statute required that the bond upon which the action was brought should be executed to the state, yet it was binding upon the sureties as a voluntary obligation, notwithstanding…
2Cases cited5 opinions
- Lewis v. StoutWisconsin Supreme Court · 1867
- Bassett v. HughesWisconsin Supreme Court · 1877
- Kollock v. ParcherWisconsin Supreme Court · 1881
- Klauber v. CharltonWisconsin Supreme Court · 1878
- Board of Supervisors v. HallWisconsin Supreme Court · 1877
3Cited by4 opinions
- Dudley v. RiceWisconsin Supreme Court · 1903
- State ex rel. Perkins v. BarnesSouth Dakota Supreme Court · 1897
- Custer County v. AlbienSouth Dakota Supreme Court · 1895
- Larson v. St. Paul Mercury Indemnity Co.Arizona Supreme Court · 1953