Board of Supervisors v. . Otis
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, affirming a judgment in favor of plaintiff, entered upon the ¡report of a referee. This action was upon the official bond of Jason Baker, as treasurer of the county of Monroe.
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Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, affirming a judgment in favor of plaintiff, entered upon the ¡report of a referee. This action was upon the official bond of Jason Baker, as treasurer of the county of Monroe. Baker was elected county treasurer in 1857, and gave the ■ bond in suit, which contained the following condition: “ That if the said Jason Baker shall faithfully execute the duties of his said office, and shall pay according to law all moneys that shall come to his hands as such county treasurer, and shall render a just and…
1Opinion of the CourtAllen, J.
There was no condition, expressed or implied, in the law or in the bond affecting the liability of the appellants as the sureties for Baker, the county treasurer, that the board of supervisors should periodically examine the accounts of the treasurer, or watch over his transactions. The sureties are not discharged from their obligation by reason of any neglect or omission of duty by the board of supervisors, or any unfaithfulness or even malfeasance on their part in their dealings with the principal in the bond. The condition of the bond is that the treasurer shall pay, according to law, all…
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