Ruthton Co-Operative Creamery Co. v. Ruthton State Bank

Olsen, C.

Appeal by defendants W. T. Nicholson, S. Bertelsen, O. B. Johnson and E. W. Davies from an order denying their motion for a new trial.

The brief facts are, that on March 3, 1924, the defendant Ruthton State Bank, as principal, and these appellants, as sureties, gave to the plaintiff a bond to secure deposits of money to be made by plaintiff in defendant bank. The plaintiff was organized as a corporation in the fall of the year. 1922. It appears to have succeeded to and taken over the business of a prior organization of the same name. The defendant bank had carried the bank account of…