Fidelity & Deposit Co. of Maryland v. Citizens State Bank

Emerson J. Davis was elected treasurer of Warren County, Indiana, in November, 1924, reelected in 1926 and served as such county treasurer from January 1, 1926, until March 4,1929, when he absconded and abandoned the office.

After he had absconded it was learned that he had embezzled $28,075.20 of the funds of said county with which he had been charged as such county treasurer. Appellant Fidelity & Deposit Company of Maryland having been the surety on his official bonds throughout the period of his incumbency in said office paid a sum equal to said 'amount of money to the board of finance of…