City of Oswego v. Condon

The opinion of the court was delivered by

Dawson, J.:

This was an action to recover against the surety on the bond of a city treasurer for a claimed shortage of funds in the treasurer’s official accounts.

On issues joined the cause was presented on evidence-at length.before a referee, who made findings of fact and conclusions of law, all favorable to the defendant. Judgment was entered accordingly, and the city appeals.

The first error urged pertains to the adverse rulings of the court on plaintiff’s motions to set aside the findings of the referee and to render judgment in favor of plaintiff…