Ross v. Hatch
Supreme Court of Iowa
Appeal from the AlamaJeee District Gov/rt. Suit to recover the sum of $202 of the moneys of the ’ School Eund of Alamakee county,' which defendant had received as treasurer of said county, and failed to pay over to plaintiff, as School Fund Commissioner.
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Appeal from the AlamaJeee District Gov/rt. Suit to recover the sum of $202 of the moneys of the ’ School Eund of Alamakee county,' which defendant had received as treasurer of said county, and failed to pay over to plaintiff, as School Fund Commissioner. The answer admitted the receipt of the money, and the failure to pay the same to plaintiff, as required by law, and , alleged as excuse for such failure, that, after defendant had received the money, “it was stolen from the treasury of said county, without any want of reasonable care and diligence on the part of said defendant, in the care…
1Opinion of the CourtStockton, J.
The bond of the defendant as treasurer, is payable to the county of Alamakee, and suit is brought upon it, in the name of the plaintiff, as School Fund Commissioner, by virtue of the provisions of the Code, sections 1693 and 2116, 219, 297. It is further to be observed, that the suit is against defendant, alone, as treasurer, and not against his sureties. The question raised by the demurrer is, whether the defendant is excused from his liability to pay over the money received by him for the School Fund, by the fact that it was stolen from him, without his fault. The breach is assigned upon…
2Cases cited2 opinions
- Muzzy v. ShattuckCourt for the Trial of Impeachments and Correction of Errors · 1845
- Burke v. TrevittU.S. Circuit Court for the District of Massachusetts · 1816
3Cited by12 opinions
- Smythe v. United StatesSupreme Court of the United States · 1903
- Hunt v. HopleySupreme Court of Iowa · 1903
- District Township of Taylor v. MortonSupreme Court of Iowa · 1873
- Rhea v. BrewsterSupreme Court of Iowa · 1906
- School Township v. StevensSupreme Court of Iowa · 1912
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