American Surety Co. of New York v. Public Schools of Benton Harbor

MOORMAN, Circuit Judge.

George W. Larkworthy was treasurer of the Public Schools of the City of Benton Harbor, Mich. The appellant was surety on his official bond in the penal sum of $40,000. In this suit brought against the appellant for the full liability on the bond it was alleged that Larkworthy had collected and failed to account for funds belonging to the schools in the amount of $46,150.44. The defense was that he had fully performed all conditions of the bond, and had faithfully and truly accounted for and paid over to the schools all moneys which had come into his hands as their…