Fidelity Deposit Co. of Maryland v. Atherton

BRICE, Justice.

The questions are: (1) Whether the appellant (plaintiff below), who as surety upon the official bond of the treasurer of Bernalillo County, paid the shortage of a defaulting deputy county treasurer, is subrogated to the county’s rights and remedies (if any) against the appellees Horton & Bixler (hereafter referred to as appellees), whose negligence as public accountants (it is charged) was the proximate cause of the loss; and (2) should appellees be required to pay appellant,'whose loss has been partially paid and the balance well secured, by the county treasurer who is the…