McHenry County v. Northern Trust Co.

This is an action against a surety upon a depositary bond. The case was tried to the court and from the judgment in plaintiff’s favor and from an order denying a new trial this appeal is taken.

On January J, 1919, McHenry' county accepted a. depositary bond in the sum of $30,000.00, furnished by defendant company in behalf of the First National Bank of Towner, North Dakota. The principal, hereinafter referred to as the Towner Bank, had been designated a depositary of county funds pursuant to the provisions of §§ 3315 to 3329, Comp. Laws, 1913. The condition of the bond is in the following…