County Commissioners v. Gilbert
Supreme Court of Minnesota
This action was brought in the district court for McLeod county to recover of the defendant certain moneys alleged to have been received by him as treasurer of said county, and which he had failed to pay over or account for. Defendant admitted the receipt of the money, &c., and alleged as matter of defense that the same had been stolen from a safe furnished him by the plaintiffs in which to deposit his funds.
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This action was brought in the district court for McLeod county to recover of the defendant certain moneys alleged to have been received by him as treasurer of said county, and which he had failed to pay over or account for. Defendant admitted the receipt of the money, &c., and alleged as matter of defense that the same had been stolen from a safe furnished him by the plaintiffs in which to deposit his funds. Judgment was rendered for the plaintiff's for the amount claimed, and the defendant appeals therefrom to this court. I. This is not an action on the treasurer’s bond, but against the…
1Opinion of the Court
By the Court.
Berry, J.
This action is brought to recover of defendant certain moneys received by him as county treasurer of McLeod county, which he has failed to account for and pay over.. The defense is, that without any privity, connivance or consent of defendant, the safe which had been furnished him by the county commissioners in which to keep funds received by him as treasurer, and in which the moneys sued for in this action had been by him deposited, was broken open by some person to him unknown, and said moneys stolen therefrom, and that no part of the same has ever been recovered.
This…
2Cases cited1 opinion
- County Commissioners v. JonesSupreme Court of Minnesota · 1872
3Cited by3 opinions
- Wiley v. City of SpartaSupreme Court of Georgia · 1922
- Board of County Commissioners v. TowerSupreme Court of Minnesota · 1881
- Board of County Commissioners v. SmithSupreme Court of Minnesota · 1875