Cleary v. Fidelity & Deposit Co.

This action is brought by the receiver of the Berwyn State Bank against the surety on the official bond of a former county treasurer of Custer county, to recover, for the use and benefit of the depositors’ guaranty fund, the sum of $44,500, and interest thereon, which amount, pur*480suant to a judgment of the district court for Custer county, had been paid from the guaranty fund to the county treasurer, to reimburse him for public funds on deposit in the Berwyn State Bank at the time it failed, in December, 1922.

' Plaintiff asserts the right to recover on two grounds: (1) That the guaranty fund…