Legal Opinion

Seaboard Surety Co. v. State Savings Bank of Ann Arbor

Michigan Supreme Court

Decided October 11, 1943No. Docket No. 36, Calendar No. 42,187PublishedCited by 6 opinions

1Opinion of the CourtWiest, J.

In 1937, Emmett M. Gibb was the Washtenaw county clerk and plaintiff herein was surety on his official bond. Shortage in his accounts was discovered, occasioned by his indorsement of several checks, payable to him as county clerk on account of welfare contributions by county municipalities and townships, and depositing them in his personal drawing account at the defendant bank and checking parts thereof for his personal use. There was no special designated depository for such funds. Plaintiff, as surety on the official bond of the clerk, paid the amount of the defalcation and the county…

2Cases cited5 opinions

  1. McIntosh v. Detroit Savings BankMichigan Supreme Court · 1929
  2. Fidelity & Casualty Co. v. Farmers National Bank of HudsonNew York Court of Appeals · 1937
  3. Employers' Liability Assurance Corp. v. Hudson River Trust Co.Appellate Division of the Supreme Court of the State of New York · 1937
  4. Columbia Land Co. v. EmpsonMichigan Supreme Court · 1943
  5. Employees' Liability Assurance Corp. v. Hudson River Trust Co.New York Court of Appeals · 1937

3Cited by6 opinions

  1. Portage Aluminum Co. v. Kentwood Nat. BankMichigan Court of Appeals · 1981
  2. American Surety Co. v. First Nat. BankCourt of Appeals for the Fourth Circuit · 1944
  3. American Surety Co. v. Trenton State BankMichigan Supreme Court · 1948
  4. Gorshe v. Watersmeet Township School DistrictMichigan Court of Appeals · 1981
  5. Aiden Vasquez and Mika Covington v. Iowa Department of Human ServicesSupreme Court of Iowa · 2023

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