Cole v. Myers

This is a suit in the nature of a bill of interpleader. The First National Bank of Superior failed when Nuckolls county was an unpaid depositor therein to the extent of $13,189.61, including an overdeposit of $3,189.61 made by the county treasurer in violation of statute. Rev. St. 1913, sec. 6662. For the protection of county funds deposited in the bank the American Surety Company had become liable on the bank’s depository bond in the penal sum of $10,000. The National Fidelity & Casualty Company was surety on the county treasurer’s official bond. After the bank failed the county treasurer…