Hunter State Bank v. Mills
Supreme Court of Arkansas
'Appeal from Woodruff Circuit Court; Hance N. Hutton, Judge; The obligation of the bond was that the officer should “well, truly and faithfully perform and discharge all of the duties of the said office,” etc. Sureties on official bonds are not discharged by every change in the law prescribing the duties of their principal.
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'Appeal from Woodruff Circuit Court; Hance N. Hutton, Judge; The obligation of the bond was that the officer should “well, truly and faithfully perform and discharge all of the duties of the said office,” etc. Sureties on official bonds are not discharged by every change in the law prescribing the duties of their principal. Under the special act in question the duties imposed were germane and appropriate to the office, the penalties prescribed were less than those imposed by the law in force at the time the bond was executed, and the obligations of the contract were not impaired. 36 N. Y.…
1Opinion of the CourtBattle, J.
The Hunter State Bank, the depositary of the public funds of Woodruff County, brought this action against C. B. Mills, county treasurer of said county, and certain sureties on his official bond, to recover penalties, on account of the failure of Mills, as county treasurer, to immediately pay over to the plaintiff, as such depositary, the public funds of the county upon receipt of same.
The first paragraph of the complaint, omitting the caption, is as follows:
“The plaintiff, the Hunter State Bank, for its cause of ac.tion herein against the defendants, C. B. Mills, Robt. C. Lynch, T. C. Carter,…
2Cases cited3 opinions
- M'Dowell v. Burwell's AdministratorCourt of Appeals of Virginia · 1826
- Jeffreys v. MaloneSupreme Court of Alabama · 1894
- Christian v. Ashley CountySupreme Court of Arkansas · 1863
3Cited by3 opinions
- National Surety Corporation v. GatlinSupreme Court of Georgia · 1941
- Besharse v. City of BlythevilleSupreme Court of Arkansas · 1973
- Opinion No., Arkansas Attorney General Reports2000