Board of County Commissioners v. Miller

The opinion of the court was delivered by

Dawson, J.:

This was an action on a bond given by defendants

to secure county deposits in the Midwest State Bank of Fort Scott. The bank failed, and county funds amounting to $48,543.55 were not forthcoming on lawful demand. Since the bank failure, however, the county has received $12,149.60 in dividends, which reduced the alleged liability of defendants to $39,243.23 with interest, for which sum plaintiff prayed judgment.

The terms of the bond sued on read:

“Whereas, The Midwest State Bank of Fort Scott, Kan., a Kansas cor-' poration, desires to be a…