Maryland Casualty Co. v. Moon

A tri-county drain, known as the Dowagiac river drain, was to be built through the counties of Van Burén, Cass and Berrien. The drain commissioners were Moon of Cass, Ashley of Van Burén and’ Myers of Berrien. A section of the drain in Cass county was let to one Clarence J. McElheny. The contract price was $39,372. On this section orders were issued to McElheny amounting to $132,397.80, more than three times the contract price. Subsequently Moon and McElheny were tried and convicted of conspiracy to defraud. A large number of the orders issued to McElheny were not paid and are involved in…