School Township v. Stevens
Supreme Court of Iowa
Appeal from Carroll District Court. — Hon. F. M. Powers, Judge. The plaintiff is a school district. The defendant was its treasurer. This action was brought on his official bond. The defense was that the funds of the plaintiff were lost without fault of the defendant, through the failure of a bank in which they were properly deposited by the defendant in a separate and distinct account.
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Appeal from Carroll District Court. — Hon. F. M. Powers, Judge. The plaintiff is a school district. The defendant was its treasurer. This action was brought on his official bond. The defense was that the funds of the plaintiff were lost without fault of the defendant, through the failure of a bank in which they were properly deposited by the defendant in a separate and distinct account. The defendant also filed a counterclaim to recover moneys advanced by him while such treasurer in payment of valid orders and warrants drawn upon him while in such ^office, and paid by him in advance and in…
1Opinion of the CourtEvans, J.
The defendant became the plaintiff’s treasurer in 1903, and so continued by annual elections until July, 1909. The funds of the plaintiff came into his hands from his predecessor in the form of a check on the Bank of Templeton, a going concern of repute. He deposited the check in the same bank to his account as treasurer of the plaintiff; district. Such account continued as a distinct and separate account down to the date of the failure, January 27, 1908, and defendant deposited to such account all the moneys of the plaintiff which came to his hands during such period, and paid all warrants…
2Cases cited12 opinions
- Officer v. OfficerSupreme Court of Iowa · 1903
- Brown v. Sheldon State BankSupreme Court of Iowa · 1908
- Hunt v. HopleySupreme Court of Iowa · 1903
- Boone County v. JonesSupreme Court of Iowa · 1880
- Lowry v. Polk CountySupreme Court of Iowa · 1879
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3Cited by15 opinions
- Incorporated Town of Conway v. ConwaySupreme Court of Iowa · 1920
- Town of New Haven v. WestonSupreme Court of Vermont · 1913
- Bookhart v. YoungloveSupreme Court of Iowa · 1928
- United States Fidelity & Guaranty Co. v. CarterSupreme Court of Virginia · 1933
- Weitzel v. Detroit United RailwayMichigan Supreme Court · 1915
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