Legal Opinion

McSurely v. McGrew

Supreme Court of Iowa

Decided November 17, 1908PublishedCited by 54 opinions

Appeal from Ilenry District Court. — Hon. James D. Smythe, Judge. Action at law upon the official bond of H. L. McGrew, county treasurer, to recover the amount of certain money, lost through the failure of a bank in which county funds were deposited, without authority of the board of supervisors. Defendants rely upon a resolution of the board of supervisors exonerating the treasurer from liability and a curative act passed by the Legislature.

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Appeal from Ilenry District Court. — Hon. James D. Smythe, Judge. Action at law upon the official bond of H. L. McGrew, county treasurer, to recover the amount of certain money, lost through the failure of a bank in which county funds were deposited, without authority of the board of supervisors. Defendants rely upon a resolution of the board of supervisors exonerating the treasurer from liability and a curative act passed by the Legislature. The case was tried to the court, resulting in a judgment for plaintiff, and defendants appeal. —

1Opinion of the CourtDeemer, J.

— H. L. McGrew was treasurer of Van Burén County, Iowa, from July, 1900, to January, 1907, and as such he gave the bond in suit, signed by his co-defendants as sureties. One D. H. Moore was McGrew’s immediate predecessor. At the January, 1899, session of the board of. supervisors of Van Burén County a resolution was passed, authorizing said treasurer to deposit county funds in the bank of E. H. Skinner & Co. to an amount *165not exceeding $10,000 at any one time. January 12, 1899, the bank executed a bond to secure such deposits as required by law. Moore died during his incumbency of the office,…

2Cases cited55 opinions

  1. Kilbourn v. ThompsonSupreme Court of the United States · 1881
  2. Sinking-Fund CasesSupreme Court of the United States · 1879
  3. People v. . O'BrienNew York Court of Appeals · 1888
  4. Mount Pleasant v. BeckwithSupreme Court of the United States · 1880
  5. Pennie v. ReisSupreme Court of the United States · 1889

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3Cited by54 opinions

  1. Terrell v. MiddletonCourt of Appeals of Texas · 1916
  2. Morris v. GrossTennessee Supreme Court · 1978
  3. Miller & Lux, Inc. v. Board of SupervisorsCalifornia Supreme Court · 1922
  4. Loftus v. Department of Agriculture of IowaSupreme Court of Iowa · 1930
  5. Charles Hewitt & Sons Co. v. KellerSupreme Court of Iowa · 1937

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