City of Maquoketa v. Willey
Supreme Court of Iowa
Appeal from Jackson District Coivn. The defendant was tbe security of one M. Murphy upon his official bond as treasurer of the city of Maquoketa. Murphy, having received a large amount of money in his capacity of treasurer, absconded without accounting therefor to plaintiff; and this action is brought against defendant as his security to recover the same.
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Appeal from Jackson District Coivn. The defendant was tbe security of one M. Murphy upon his official bond as treasurer of the city of Maquoketa. Murphy, having received a large amount of money in his capacity of treasurer, absconded without accounting therefor to plaintiff; and this action is brought against defendant as his security to recover the same. The petition, after setting out the cause of action, alleges that plaintiff brought suit by attachment against Murphy, and recovered judgment in the sum of $1,216.50, and that, by the sale of the property attached, there was realized the sum…
1Opinion of the Court
Beck, Ch. J.
l. ebincipai, reieas<?o?TY: surety. • The defense mainly relied upon by the defendant is, that, by the voluntary act of plaintiff, property seized upon the attachment issued in ^¡3 action against Murphy brought by the city, was appropriated to the payment of the debts of the firm of Murphy & Shattuck, when in fact it belonged to Murphy, and could not legally have been taken upon the partnership debts. Defendant’s position, then, is this: The plaintiff, by the institution of the suit against Murphy and the levy of the attachment, had acquired a hold upon property of Murphy which…
2Cases cited6 opinions
- Hayes v. WardNew York Court of Chancery · 1819
- Chambers v. CochranSupreme Court of Iowa · 1864
- Ferguson v. TurnerSupreme Court of Missouri · 1842
- Bank of Missouri v. MatsonSupreme Court of Missouri · 1857
- Jones v. BullockCourt of Appeals of Kentucky · 1814
1 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Sexton v. AndersonSupreme Court of Missouri · 1888
- Leach v. Commercial Savings BankSupreme Court of Iowa · 1927
- Reyburn v. MitchellSupreme Court of Missouri · 1891
- Conger v. B. & S. W. R.Supreme Court of Iowa · 1875
- Plankinton v. GormanWisconsin Supreme Court · 1896
22 more not listed; retrieve them via the Exa API.