City of Missoula v. Dick

This is an appeal by the city of Missoula from a judgment entered against it in a controversy submitted without action under the provisions? of Chapter 7, Part IY, Revised Codes of 1921.

The agreed facts, which became the court’s findings, are, briefly stated, as follows: Prior to May 11, 1922, the American Bank & Trust Company of Missoula was duly designated by the city council as a city depository and on that day the bank filed with the city treasurer an indemnity bond in the- penal sum of $15,000, in form and substance as prescribed by the council, which bond was thereafter duly approved.…