McHenry County v. Northern Trust Co.

Bronson, Ch. J.

(dissenting). This is an action against a surety upon a depositary bond furnished a county. Trial was had to the court without a jury. Defendant has appealed from a judgment in plaintiff’s favor and from an order denying a new trial. The material facts are: — On Jan. 7th, 1919, the plaintiff county accepted a depositary bond in the sum of $30,000.00 furnished by defendant Trust Company in behalf of the First National Bank of Towner, N. D. which had been designated as the legal depositary of funds of plaintiff county. The conditions of said bond read, — “If the said bank is…