American Surety Co. of New York v. Waggoner Nat. Bank of Vernon

STRUM, District Judge.

Appellant, as plaintiff below, sued appellee bank to recover losses paid by appellant as surety for the years 1931-1932 on the official bond of C. D. Greene, as tax collector of Wilbarger county, Texas.

Appellee bank was not an authorized county depository. Between January 1, 1931, and May 21, 1932, when Greene resigned, he deposited to his account as tax collector in appellee bank sums aggregating $97,492.91.- Of this, $37,709.35 was automobile license fees. During the period stated, Greene presented and appellee bank cashed over the counter checks aggregating $13,995…