Gartley v. People ex rel. Pueblo County
Supreme Court of Colorado
Appeal from the District Court of Pueblo County. This is an action brought for the use of Pueblo county, against Wilson P. Gartley, as principal, and J. B. Orman, William Crook, W. PI. Anderson and A. M. Pryor and others, as sureties upon his official bond, as county treasurer of Pueblo county.
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Appeal from the District Court of Pueblo County. This is an action brought for the use of Pueblo county, against Wilson P. Gartley, as principal, and J. B. Orman, William Crook, W. PI. Anderson and A. M. Pryor and others, as sureties upon his official bond, as county treasurer of Pueblo county. The complaint, inter alia, avers his election to said office, the due execution and delivery of a bond in the prescribed form, with the statutory condition; charges that lie received, in his official capacity, the sum of $10,218.34, which he failed to turn over to his successor in office, and which he…
1DissentJustice Goddakd
I cannot concur with my associates in the conclusion that the admitted facts set out in the separate and special answer do not absolve the defendants from liability for the loss of the money in controversy. The importance of the question involved justifies a brief statement of my reasons for dissent. This question concisely stated is, whether under our statutes a county treasurer and his sureties are liable for public funds deposited by the treasurer in a reputable and apparently solvent bank, which are lost by an unexpected and sudden fail*167ure of such hank, when such deposit was made by him…
2Cases cited5 opinions
- McClure v. Board of County CommissionersSupreme Court of Colorado · 1893
- State v. HoustonSupreme Court of Alabama · 1885
- Inhabitants of Cumberland Co. v. PennellSupreme Judicial Court of Maine · 1879
- Potter v. TitcombSupreme Judicial Court of Maine · 1831
- Mechanics' Bank v. HallowellSupreme Judicial Court of Maine · 1864