Sumter County v. National Surety Co.

The Court of Appeals propounded to the Supreme Court the following questions:

“1. In a suit brought solely against the surety on a county treasurer’s bond, can the county recover commissions charged by the treasurer on money alleged to have been illegally borrowed by the county commissioners for the county, and handled by the treasurer for the county, unless it be shown that the commissions thus charged by the treasurer were derived from legal county money, other-than from funds thus illegally borrowed?

“2. If the foregoing question should be answered in the negative, in a case where it appears…