City of Middlesboro v. American Surety Co.

Opinion of the Court by

Judge Latimer

— Reversing.

The City of Middlesboro, joined by others as taxpayers, brought this action against Herndon H. Hutcherson, City Tax Collector, and others, including the appellee, American Surety Company of New York, to re cover for shortages and misappropriation of funds in' excess of $50,000, which allegedly occurred in Hutcherson’s office.

The City of Middlesboro was operating under the commission form of government. The defendant, Hutcherson, was elected as City Tax Collector and Clerk in January 1938 for the ensuing year. He executed bond with appellee,…