Massachusetts Bonding & Insurance v. Steele

Plaintiff, as surety on the official bond of defendant, as county treasurer of. Wayne county, paid to the county money due it from defendant in his official capacity. *8Plaintiff brings this action to recover the balance necessary to fully reimburse it for the money so paid. Plaintiff had judgment, and defendant has appealed.

The Citizens National Bank of Wayne had been duly designated as a depository of county funds and, as such depository, gave bond to the county in the amount of $30,000. Defendant, as county treasurer, deposited county funds in the bank to the amount of $67,758.67. In June,…