City of Pocatello v. Fidelity & Deposit Co.

— The city of Pocatello sued Pat. J. Phelan and the Fidelity and Deposit Company of Maryland on his bond as city treasurer for an alleged shortage. The surety company appeals from the judgment entered against the surety and in favor of Phelan. The errors assigned are in substance the insufficiency of the evidence to show conversion by Phelan and the entering of judgment against the surety and not against Phelan.

The evidence discloses that towards the end of his term of office as treasurer, Phelan, who also held the position of city clerk, was short in his accounts. Blank warrants signed by…