City of Topeka v. Independence Indemnity Co.

The opinion of the court was delivered by

Jochems, J.:

This was an action brought by the plaintiff to recover on the official bond of the commissioner of finance and revenue of the city of Topeka on account of the loss of city funds which were on deposit in the Peoples State Bank of Topeka at the time it *651became insolvent and was closed. Plaintiff recovered, and defendant appeals.

The plaintiff filed its petition charging neglect of duty against the commissioner of finance and revenue, Frank L. Stevens, and attached to the petition a copy of the bond given by the defendant as surety for the…