Legal Opinion

Latham v. Brown

Supreme Court of Iowa

Decided April 19, 1864PublishedCited by 14 opinions

Appeal from Cedar District Court. Suit on the official bond of a magistrate, executed by the defendant, Brown, as principal, and his codefendants as sureties. In July, 1861, plaintiff deposited with said Brown, as Justice of the Peace, for collection, notes of hand on various persons, to the amount of $143.85; and took his receipt for the same.

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Appeal from Cedar District Court. Suit on the official bond of a magistrate, executed by the defendant, Brown, as principal, and his codefendants as sureties. In July, 1861, plaintiff deposited with said Brown, as Justice of the Peace, for collection, notes of hand on various persons, to the amount of $143.85; and took his receipt for the same. In his petition, the plaintiff alleges that Brown, although requested so to do, has not paid over to plaintiff the proceeds of said notes; nor after demand has he returned said notes to the plaintiff, but has refused to do either; nor has he delivered…

1Opinion of the CourtLowe, J.

In effect, the record raises but two questions for our determination: First, Whether the sureties on a magistrate’s bond are liable for the conversion of notes before collection placed in the principal’s hands for that purpose; if so, secondly, what should be the measure of damages, when the conversion is shown to have taken place.

In regard to the first question, the evidence in this case very clearly shows that the notes in question were received *120and receipted for by Brown, in his capacity, as justice of the peace, for the purpose of collecting the same; that soon thereafter his office…

2Cases cited1 opinion

  1. Ingalls v. LordNew York Supreme Court · 1823

3Cited by14 opinions

  1. Inter-State Finance Corp. v. Commercial Jewelry Co.Illinois Supreme Court · 1917
  2. Casey v. Ballou Banking Co.Supreme Court of Iowa · 1896
  3. Sickles v. Dallas Center BankSupreme Court of Iowa · 1890
  4. Harlan v. BrownIndiana Court of Appeals · 1892
  5. Howard v. United StatesCourt of Appeals for the Eighth Circuit · 1900

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