Town of Dry Grove v. Otto

The Town of Dry Grove, McLean county, Illinois, defendant in error, in an action of assumpsit obtained a judgment in the circuit court against Robert Otto, plaintiff in error, in the sum of $500. A jury was waived and the issues submitted to the court for trial.

There is no dispute in regard to the facts. The suit is brought to recover $500 retained by plaintiff in. error as commissions on certain moneys paid out by him as ex officio treasurer of certain road funds. Plaintiff in error was supervisor of the Town of Dry Grove and as such was also ex officio treasurer of the road and bridge funds…