City of Oregon v. Ferguson

Being unable to concur in the conclusions of my colleagues, I must respectfully dissent.

Plaintiff in its complaint alleges to the effect that defendants, as state examiners, negligently performed their statutory duties with respect to audit periods prior to June 1, 1972, which if properly made would have revealed defalcations on the part of defendants’ clerk-auditor. The complaint further alleges that, as a result of this negligence, further defalcations on the part of plaintiff’s clerk-auditor occurred, resulting in a shortage of funds in the amount of $249,151.07 and a loss of some…