Fiala v. Ainsworth

Pound, C.

A number of questions of law involved in this controversy were determined at a former hearing. Fiala v. Ainsworth, 63 Neb. 1. At that time, we held that the bond sued on, being conditioned that the principal would “honestly, faithfully and efficiently discharge'the duties” of his office, covered not only his honesty as an officer but also his competency, skill and diligence. We held further that an assistant cashier, though bound in general to comply with the directions of the cashier, is not justified in aiding in or conniving at misappropriation of funds by his superior, and can…