Board of County Commissioners of St. Louis County v. Manufacturers' Bank
Supreme Court of Minnesota
Appeal by defendants Henry W. Wheeler, John Gfulbranson, Thomas D. Merrill, and John R. Carey from an order of the district court for St. Louis county, Ensign, J., overruling their demurrer to the complaint on the ground that it failed to state a cause of action against them.
1Opinion of the CourtCanty, J.
The defendant bank was designated a depositary of the county funds of St. Louis county, pursuant to G-. S. 1894, § 729, and gave the bond which is set out as an exhibit in the complaint. The action is on this bond. Several of the defendant sureties demurred to the complaint, on the ground that it does not state a cause of action, and appeal from an order overruling the demurrers.
Appellants contend that the bond was never executed by any principal, and is therefore void. The bond reads:
*422“Know all men by these presents, that I, Harvey P. Smith, cashier of the Manufacturers’ Bank of West Duluth,…
2Cases cited1 opinion
- Board of County Commissioners v. American Loan & Trust Co.Supreme Court of Minnesota · 1897