Montgomery County v. Cochran
Court of Appeals for the Fifth Circuit
In Error to the Circuit Court of the United States for the Middle District of Alabama. This suit was brought in the city court of Montgomery, Ala., by the county of Montgomery against John J. Cochran, a citizen of Alabama, and the Fidelity & Deposit Company of Maryland, a corporation chartered under the laws of Maryland.
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In Error to the Circuit Court of the United States for the Middle District of Alabama. This suit was brought in the city court of Montgomery, Ala., by the county of Montgomery against John J. Cochran, a citizen of Alabama, and the Fidelity & Deposit Company of Maryland, a corporation chartered under the laws of Maryland. It was removed to the Circuit Court of the United States for the Middle District of Alabama on the application of the Fidelity & Deposit Company on the ground of prejudice and local influence. 116 Fed. 985. The action is on Cochran’s bond as treasurer of Montgomery county. On…
1Opinion of the CourtShelby, Circuit Judge
The foregoing facts show that Montgomery county has lost the price of $100,000 of its bonds. The treasurer and the surety on his bond, admitting that the former gave a receipt for the purchase money of the bonds and charged himself on his account with the same, claim that he cannot be held for a breach of his bond because he never actually received the price in coin or bank bills. It was not incumbent on the treasurer, they contend, to safely keep the proceeds of the sale, because he never received them, and that as to the fund.in question there could be no breach of the bond except failure…
2Cases cited15 opinions
- National Bank v. BurkhardtSupreme Court of the United States · 1880
- United States v. PrescottSupreme Court of the United States · 1845
- Hart v. United StatesSupreme Court of the United States · 1877
- State v. McFetridgeWisconsin Supreme Court · 1893
- Boyden v. United StatesSupreme Court of the United States · 1872
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3Cited by15 opinions
- Wiley v. City of SpartaSupreme Court of Georgia · 1922
- Security Nat. Bank of Sioux City v. Old Nat. Bank of Battle CreekCourt of Appeals for the Eighth Circuit · 1917
- National Surety Co. v. StateSupreme Court of Alabama · 1929
- Iowa Lillooet Gold Min. Co. v. BlissU.S. Circuit Court for the District of Northern Iowa · 1906
- Pueblo v. PérezSupreme Court of Puerto Rico · 1934
10 more not listed; retrieve them via the Exa API.