United States Fidelity & Guaranty Co. v. First State Bank
Mississippi Supreme Court
Appeal from the chancery court of Bolivar county. Hon. M. E. Denton, chancellor. Suit by the United States Fidelity & Guaranty.
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Appeal from the chancery court of Bolivar county. Hon. M. E. Denton, chancellor. Suit by the United States Fidelity & Guaranty. Company, surety of John L. Gills, treasurer of the drainage commissioners of Bolivar county, by virtue of his office as treasurer of the county, against the First State Bank of Shaw-, of which W. J. Hardee was appointed receiver, to be subrogated to the rights of the drainage commissioners. -From a decree sustaining a demurrer to the bill of complainant, the United States Fidelity & Guaranty Company appeals. The facts are fully stated in the opinion of the court. The…
1Opinion of the CourtCook, J.
The bill of complaint does not alledge that the treasurer paid the money advanced by the guaranty company to his successor in office, or that the funds so advanced ever reached the drainage commission. It is unnecessary to construe section 3485 of the Code of 1906.
The'demurrer admits only what the bill of complaint alleges. The Fogg case, 80 Miss. 750, 32 South. 285, and other cases decided by this court construing'section 3485, have no application, as it was affirmatively shown in all those cases that the party seeking subrogation to the rights and remedies of the state and county had *106paid…
2Cases cited1 opinion
- Fogg v. Bank of Friar's PointMississippi Supreme Court · 1902
3Cited by2 opinions
- Bank of Commerce v. ClarkMississippi Supreme Court · 1917
- North American Acc. Ins. v. MillerMississippi Supreme Court · 1929