Punxsutawney v. Mitchell (No. 1)

Opinion by

Mr. Justice Schaffer,

The question at issue in this case is the liability of a surety for a borough treasurer’s defalcation. That the treasurer misappropriated $17,025.71 of the municipality’s funds is not controverted. The defense made on behalf of the surety is that, because the borough auditors in their unappealed from reports and settlements for the last year of the treasurer’s first term ending the first Monday of January, 1926 (he succeeded himself, with new sureties), and the first year of his second term showed no shortages or defalcations, and stated, as of the end of one…