American Surety Co. of New York v. Tarbutton

(after stating the facts as above). The contentions presented in appellant’s brief are: (1) That the obligation sued on was not valid as a statutory bond because it was not conditioned as required by the statute; and, therefore, that appellant’s liability was determinable with reference alone to rules applicable to common law bonds. (2) That it did not appear from the testimony that there had been a breach of the condition of the bond. (3) That appellant was not in any event liable for money deposited with the bank after August 31, 1921, nor for interest which accrued after October 21, 1921.…