School District No. 93 v. Roanoke State Bank

The opinion of the court was delivered by

Dawson, J.:

This was an action to recover on a bond given by a bank to secure the return of certain funds which a school district treasurer had deposited in the bank.

The bank failed, and the bondsmen refuse to pay for several reasons which the trial court deemed sufficient and on which the judgment of this court is now invoked on appeal.

To amplify somewhat, the facts were these: School district No. 93 is a common-school district in Johnson county, and Dean E. Davis is its treasurer. Without authority of law, but with the assent and cooperation of the…