Cass County v. American Exchange State Bank
North Dakota Supreme Court
Appeal from District Court, Cass County; Pollock, J. Action by the County of Cass against the American Exchange State Bank of Buffalo and others. From the judgment, plaintiff appeals.
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Appeal from District Court, Cass County; Pollock, J. Action by the County of Cass against the American Exchange State Bank of Buffalo and others. From the judgment, plaintiff appeals. Where a surety claims to be released by reason of • transactions occurring before delivery of the bond, he must establish, First, that he signed the bond and left it with a third party for delivery only on certain express or implied conditions and that the obligee had actual or implied notice of the conditions. State v. McGonigle, 8 L. R. A. 735. The obligee of the bond had no notice that the delivery was…
1Opinion of the CourtMorgan, J.
In the year 1897 the county auditor of Cass county advertised for proposals for the deposit of county funds with the banks of the county, pursuant to the provisions of article 8 of chapter 26 of the Political Code of 1895. The American Exchange Bank of Buffalo, in said county, was thereafter designated by the county commissioners as one of the depositories of said county, and gave its bond as security for the payment to the county of the money so deposited, and to render a true account of such moneys, as provided by said chapter. Such bond, delivered to and approved by the county…
2Cases cited10 opinions
- Dair v. United StatesSupreme Court of the United States · 1873
- Smith v. United StatesSupreme Court of the United States · 1865
- County of King v. FerryWashington Supreme Court · 1893
- State v. CraigSupreme Court of Iowa · 1882
- Hagler v. StateNebraska Supreme Court · 1891
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3Cited by1 opinion
- Hilleboe v. WarnerNorth Dakota Supreme Court · 1908