Fidelity & Deposit Co. of Maryland v. Farmers & Merchants Nat. Bank of Nocona

On Motion for Rehearing.

The obligation of the defendant, as County Depository, and its liability as such, has no bearing upon plaintiff’s asserted right of subrogation against the depository for wrongful participation with W. E. Reynolds, the Tax Collector, in failing to account to Montague County for taxes collected by him and due the County. The asserted right of subrogation, if any, is to be determined solely by whether -,or not the Tax Collector breached his bond to account to the County for the moneys received by him. Whether or not the county depository breached its obligation to the…