Lowry v. Polk County
Supreme Court of Iowa
Appeal from Polk Circuit Court. The plaintiff was elected treasurer of defendant in 1873, qualified, and entered upon the discharge of his duties. The county failed to provide a suitable safe or vault in which the public money could be safely kept. The plaintiff deposited the money coming into his hands in banks, and had on deposit with F. R. West & Sons several thousand dollars at the time they failed.
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Appeal from Polk Circuit Court. The plaintiff was elected treasurer of defendant in 1873, qualified, and entered upon the discharge of his duties. The county failed to provide a suitable safe or vault in which the public money could be safely kept. The plaintiff deposited the money coming into his hands in banks, and had on deposit with F. R. West & Sons several thousand dollars at the time they failed. The plaintiff was. again elected treasurer in 1875, and tendered his bond as such to the board of supervisors, who refused to approve or accept the same because the plaintiff had not accounted…
1Opinion of the CourtServers, J.
i county í)oSt’'o°r' pííbjic money. — The official bond given by the plaintiff provides, among other things, that he “shall * * exercise all reasonable diligence and care in the preservation and lawful disposal of all money * * * * appertaining to his office.” This provision was construed in Ross v. Hatch, 5 Iowa, 119, and it was there held, where money had been stolen from the county treasury without any want of reasonable care and diligence on the part of the treasurer, that he was not liable for the loss.
The case at bar is materially different from the one cited, in this: In that case the…
2Cases cited2 opinions
- Marine Bank v. Fulton BankSupreme Court of the United States · 1865
- School District v. First National BankMassachusetts Supreme Judicial Court · 1869
3Cited by30 opinions
- Officer v. OfficerSupreme Court of Iowa · 1903
- Independent District v. KingSupreme Court of Iowa · 1890
- Elliott v. Capital City State BankSupreme Court of Iowa · 1905
- Tillinghast v. . MerrillNew York Court of Appeals · 1896
- Davenport Plow Co. v. LampSupreme Court of Iowa · 1890
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