Empire State Surety Co. v. Carroll County
Court of Appeals for the Eighth Circuit
Appeals from the Circuit Court of the United States for the Southern District of Iowa. Suits in equity by the Chicago & Northwestern Railway Company against the First National 'Bank of Carroll, Iowa, and another, and by the Empire State Surety Company and another against Carroll County and others, consolidated. From the decrees, certain parties appeal.
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Appeals from the Circuit Court of the United States for the Southern District of Iowa. Suits in equity by the Chicago & Northwestern Railway Company against the First National 'Bank of Carroll, Iowa, and another, and by the Empire State Surety Company and another against Carroll County and others, consolidated. From the decrees, certain parties appeal. Those are appeals from decrees of the Circuit Court which adjudged the claims of the Chicago & Northwestern Railway Company, of Carroll County, Iowa, of George L. McAllister, its treasurer, and of the sureties on his bonds against each other,…
1Opinion of the CourtSanborn, Circuit Judge
(after stating the facts as above). [1] 1. Did the failure of the principal, the county treasurer, to sign the bond of his surety, the Illinois Company, relieve that company from liability thereon? The statutes of Iowa 1897, §§ 1177, 1183, required the county treasurer to give p. bond conditioned, among other things, to "promptly account for all balances of money remaining in his hands at the termination of his office” and to “promptly pay over to the officer or person entitled thereto, the moneys which may come into his hands by virtue of his office,” and it is for a breach of these…
2Cases cited76 opinions
- Davis v. Elmira Savings BankSupreme Court of the United States · 1896
- Peters v. BainSupreme Court of the United States · 1890
- St. Louis & San Francisco Railway Co. v. JohnstonSupreme Court of the United States · 1890
- Barber Asphalt Pav. Co. v. MorrisCourt of Appeals for the Eighth Circuit · 1904
- National Bank v. ColbySupreme Court of the United States · 1875
71 more not listed; retrieve them via the Exa API.
3Cited by121 opinions
- Brennan v. TillinghastCourt of Appeals for the Sixth Circuit · 1913
- Federal Intermediate Credit Bank of Omaha v. L'HerissonCourt of Appeals for the Eighth Circuit · 1929
- Macy v. RoedenbeckCourt of Appeals for the Eighth Circuit · 1915
- Berthold-Jennings Lumber Co. v. St. Louis, I. M. & S. Ry. Co.Court of Appeals for the Eighth Circuit · 1935
- Larabee Flour Mills v. First Nat. Bank of HenryettaCourt of Appeals for the Eighth Circuit · 1926
116 more not listed; retrieve them via the Exa API.