Fidelity & Deposit Co. v. Mason

Respondeat surety lor appellant as sheriff of Canyon county on his official bond, pursuant to its special contract of indemnity with respondent, 1 sued appellant for reimbursement of $370.48 and interest, paid the county by respondent on the county’s demand as the balance of appellant’s illegal (I. C. A., sec. 17-3201) deposit of fees received by Mm, in a bank, not forthcoming in full because of the bank’s insolvency, and not otherwise accounted for by appellant to his successor. (Const., art. 18, sec. 9; I. C. A., sec. 30-2601, 2602.)

Appellant contends the fees so deposited by appellant in…