Hartford Accident & Indemnity Co. v. City of Tulare

Plaintiff appeals from a declaratory judgment rendered in an action involving a dispute between it and defendant, city of Tulare, concerning the rights and obligations under an official bond furnished by defendant Besse, holding the office of city treasurer, in which plaintiff is the surety.

There being a vacancy in the office of city treasurer, in June, 1942, by reason of the death of the incumbent, Besse was appointed to fill that vacancy, until the next general municipal election. Under the Charter of Tulare (Stats. 1923, p. 1958, as amended) the term of the deceased treasurer would expire…