Board of County Commissioners v. Security Bank
Supreme Court of Minnesota
Action in the district court for St. Louis county to recover $49,-513.90, upon a bond given to the county of St. Louis to secure the payment of county funds deposited in defendant bank. Defendants Joseph Sellwood and Frederick W. Paine, as sureties on the bond in suit, answered. The cause was tried before Moer, J., without a jury, who ordered judgment in favor of plaintiff. From an order denying a new trial, defendants Sellwood and Paine appealed.
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Action in the district court for St. Louis county to recover $49,-513.90, upon a bond given to the county of St. Louis to secure the payment of county funds deposited in defendant bank. Defendants Joseph Sellwood and Frederick W. Paine, as sureties on the bond in suit, answered. The cause was tried before Moer, J., without a jury, who ordered judgment in favor of plaintiff. From an order denying a new trial, defendants Sellwood and Paine appealed. These appellants are not responsible, as sureties on the bond, for so much of the deposit in the bank as was represented by the certificate of…
1Opinion of the CourtMitchell, J.
In an action on a bond given by tbe Security Bank of Duluth as a depositary of county funds pursuant to G-. S. 1894, § 730, two of the sureties interposed two partial defenses, viz.: First, that a part of the deposit, represented by a time certificate of deposit, was not within the conditions of the bond; and, second, that by reason of the failure of the county to file and prove its claim against the estate of the insolvent bank within the time for so doing as fixed by the court, the sureties had been released pro tanto, — that is, to the extent of the dividend which the county would have…
2Cases cited5 opinions
- United States v. KirkpatrickSupreme Court of the United States · 1824
- Bull v. CoeCalifornia Supreme Court · 1888
- Board of Supervisors v. . OtisNew York Court of Appeals · 1875
- County of Waseca v. SheehanSupreme Court of Minnesota · 1889
- Siebert v. QuesnelSupreme Court of Minnesota · 1896
3Cited by27 opinions
- Lawrence v. American Surety Co.Michigan Supreme Court · 1933
- State v. United States Fidelity & Guaranty Co.Supreme Court of Kansas · 1910
- Western Casualty & Guaranty Ins. v. Board of Com'rsSupreme Court of Oklahoma · 1916
- Champion v. KiethSupreme Court of Oklahoma · 1906
- Yerxa v. RuthruffNorth Dakota Supreme Court · 1909
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