Sac County v. Hobbs
Supreme Court of Iowa
Appeal from Sac Circuit Coiw't. AotioN on a promissory note whicli, by its terms, is payable “ to the treasurer of Sac county.” It is alleged in the petition that said note was given for the use and benefit of the county. The circuit court sustained a demurrer to one count or division of the answer. It also struck out, on plaintiff’s motion, three other counts or divisions, and from these orders defendants appeal.
1Opinion of the CourtReed, J.
I. The division of the answer demurred to is as follows: “ The only and sole consideration received by these defendants for the written instrument sued upon was that defendant W. TI. ITobbs, then the outgoing treasurer of plaintiff, at the expiration of his term of office, delivered said writing to liis successor in office, with the understanding and agreement that no action should be commenced upon bis official bond for Uny breach thereof by reason of his having failed to account for money collected and received by him in his official capacity, and that it should be received and accounted…
2Cases cited1 opinion
- Keokuk County v. HowardSupreme Court of Iowa · 1875
3Cited by5 opinions
- Bennett v. BennettNebraska Supreme Court · 1902
- Benton v. Morningside CollegeSupreme Court of Iowa · 1926
- Welles v. Colorado National Life Assurance Co.Supreme Court of Colorado · 1910
- Kelly v. Inc. Town of West BendSupreme Court of Iowa · 1897
- Nelson v. Harrison CountySupreme Court of Iowa · 1905