Legal Opinion

Fremont County v. Fremont County Bank

Supreme Court of Iowa

Decided December 16, 1909PublishedCited by 7 opinions

Appeal from Fremont District Court. — 'Hon. N. W. Macy, Judge. Action on a bond resulted in judgment against defendants. The facts are recited in Fremont County v. Fremont County Bank et al., 138 Iowa, 167. The defendants appeal. —

1Opinion of the CourtLadd, J.

On January 4, 1904, II. C. Byars succeeded IT. E. Hawley as treasurer of Fremont County. As a part of the funds turned over to him by his predecessor was his (Hawley’s) check on the Fremont County Bank for $1,095.59. On the 7th of the same month Byars deposited this check as a county fund with that bank, taking a pass-book with credit entered accordingly therein. A bond in the usual form was executed by the bank with sureties on January 5, 1904, and indorsed as approved by the treasurer and chairman of the board of supervisors, but the resolution of the board authorizing the deposit of public…

2Cases cited21 opinions

  1. State v. CadwellSupreme Court of Iowa · 1890
  2. Ellyson v. LordSupreme Court of Iowa · 1904
  3. Independent School District v. HubbardSupreme Court of Iowa · 1899
  4. Cushing v. WymanSupreme Judicial Court of Maine · 1857
  5. Tuttle v. ArmsteadSupreme Court of Connecticut · 1885

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3Cited by7 opinions

  1. Buhl Highway District v. AllredIdaho Supreme Court · 1925
  2. Schwab v. RobertsSupreme Court of Iowa · 1935
  3. Young v. YoungSupreme Court of Iowa · 1917
  4. Garrett v. Tunnicliffe, as Liqdr.Supreme Court of Florida · 1932
  5. Hart v. Farmers Mutual Fire & Lightning InsuranceSupreme Court of Iowa · 1929

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