Clark County v. Howard

MISER, C.

Frank J. Howard was the treasurer of Clark county, S. D., for two terms; the first term beginning January i, 1923; the second term ending December 31, 1926. The Federal Surety Company, appellant herein, was surety on his official bond in each term in the penal sum of $75,000. Howard embezzled on various dates in his first term sums amounting to $393.65 and on various dates in his second term sums amounting to $16,780.13. Neither Clark county, respondent herein, nor Federal Surety Company, appellant herein, knew of Howard’s defalcations until shortly prior to August 2, 1928, at which…