Benson v. American Surety Co. of New York

Holt, Justice.

Plaintiff appeals from the judgment dismissing the action on the merits with costs against plaintiff. A brief statement of the facts found is this: lip to June 20, 1927, one Martha Edlund had been city treasurer of the city of Fergus Falls and had as such treasurer the sum of $23,399.81 in the Farmers.& Merchants State Bank of the city, subject to check, and $6,000 in a certificate of deposit issued by the bank March 11, 1927, due in pne year. The bank had been duly designated a depository of city funds and had given a bond as such in the sum of $80,000. Defendant Dahling had…