Legal Opinion

Incorporated Town of Conway v. Conway

Supreme Court of Iowa

Decided December 31, 1920PublishedCited by 20 opinions

Appeal from Taylor District Court. — H. K. Evans, Judge. Action by the incorporated town of Conway and its treasurer against a former treasurer and the sureties on his bond, for the funds of said town not accounted for. The sureties on the bond answered, and, among other things, interposed a plea in abatement.

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Appeal from Taylor District Court. — H. K. Evans, Judge. Action by the incorporated town of Conway and its treasurer against a former treasurer and the sureties on his bond, for the funds of said town not accounted for. The sureties on the bond answered, and, among other things, interposed a plea in abatement. Later, they asked that the receiver of the Conway Savings Bank, in which the moneys had been deposited, be made a party defendant, and then, by cross-petition, prayed that the claim, less dividends paid by the receiver, be established as a preferred claim. Judgment was entered against…

1Opinion of the CourtLadd, J.

iiaMRyESoh ofays' i»rferred deposits. — W. A. Conway was appointed treasurer of the incorporated town of Conway, April 20, 1916, and thereafter duly qualified as such. His official bond as such treasurer, in the sum of $1,500, was signed by Henry Burge and Oliver Anderson, as sureties. The funds coming into his hands were deposited with the Conway Savings Bank in the name of the “town of Conway.” On April 20, 1918, demand was made by the town and by his successor as treasurer, for all moneys of the town received by him and not paid out on warrants as treasurer. At the time this money was…

2Cases cited10 opinions

  1. Brown v. Sheldon State BankSupreme Court of Iowa · 1908
  2. Independent District v. KingSupreme Court of Iowa · 1890
  3. Hunt v. HopleySupreme Court of Iowa · 1903
  4. Page County v. RoseSupreme Court of Iowa · 1906
  5. Hanson v. RoushSupreme Court of Iowa · 1908

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3Cited by20 opinions

  1. Leach v. BeazleySupreme Court of Iowa · 1926
  2. Gray v. ElliottWyoming Supreme Court · 1927
  3. In re Estate of WorkmanSupreme Court of Iowa · 1923
  4. Bookhart v. YoungloveSupreme Court of Iowa · 1928
  5. United States Fidelity & Guaranty Co. v. CarterSupreme Court of Virginia · 1933

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