Amador County v. Butterfield
California Supreme Court
Appeal from the District Court, Eleventh Judicial District, County of Amador. The complaint alleged that the plaintiff did not safely keep, etc., the sum of $20,142.76. The answer, after denying the allegations, as recited in the opinion, set up as a special defense, which was separately stated, that the plaintiff had provided a room where it required the defendant to keep his office, and had provided him a safe in which it required him to keep the public money; and that, on…
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Appeal from the District Court, Eleventh Judicial District, County of Amador. The complaint alleged that the plaintiff did not safely keep, etc., the sum of $20,142.76. The answer, after denying the allegations, as recited in the opinion, set up as a special defense, which was separately stated, that the plaintiff had provided a room where it required the defendant to keep his office, and had provided him a safe in which it required him to keep the public money; and that, on the ninth day of May, 1875, at which time the said sum of $20,142.76 mentioned in the complaint, except $400,…
1Opinion of the Court
By the Court:
The action is brought upon the official bond of the County Treasurer of the county of Amador. In the complaint several breaches of the bond are set out—“ that he, Butter-field, did not perform all the duties of his said office of County Treasurer required by law, in this, that he did not safely keep * * * did not apply or pay out” the public moneys as required by law; that he did not keep or render an account of these moneys, nor disburse the moneys upon warrants issued by the County Auditor, etc.
The second defense found in the answer of the defendants (who are Butterfield and…
2Cited by13 opinions
- Seattle National Bank v. CarterWashington Supreme Court · 1895
- Botto v. VandamentCalifornia Supreme Court · 1885
- Cuneo v. LawsonCalifornia Supreme Court · 1928
- Stauffer v. CampbellSupreme Court of Oklahoma · 1911
- McLaughlin v. AlexanderSouth Dakota Supreme Court · 1891
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