Northern Trust Co. v. First National Bank
North Dakota Supreme Court
Appeal from the District Court for Cass County, Pollock, J. Judgment against plaintiff as surety, on account of default of plaintiff’s principal, has no effect upon the defendant. Rodini v. Lytle, 52' L.R.A. 165, and note. Payment made to defendant by the county treasurer must have been made unlawfully and without authority.
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Appeal from the District Court for Cass County, Pollock, J. Judgment against plaintiff as surety, on account of default of plaintiff’s principal, has no effect upon the defendant. Rodini v. Lytle, 52' L.R.A. 165, and note. Payment made to defendant by the county treasurer must have been made unlawfully and without authority. Rev. Codes, §§ 2461, 2489,. 2463, 6107-6110. The checks were issued and signed in the name of Cass county, and this was sufficient to charge defendant with knowledge that it was receiving money belonging to Cass county, and not that of the treasurer. Coleman v. Stocke,…
1Opinion of the CourtBurke, J.
One M. was county treasurer of Cass county, North Dakota, for the years 1907-1910, inclusive, and the plaintiff trust company was his official bondsman. At the close of his term of office, the eounty of Cass claimed that he was short in his accounts something over $7,000, and judgment was recovered against the surety for such defalcation. Having paid the judgment, the trust company in its turn brought this action against the National Bank of Buffalo, North Dakota, to recover the sum of $2,564.22, the moneys which it is alleged belonged to said Cass county, but'were wrongfully paid by said…
2Cases cited4 opinions
- Gerard v. . McCormickNew York Court of Appeals · 1891
- National Surety Co. v. State Savings BankCourt of Appeals for the Eighth Circuit · 1907
- Weber v. LewisNorth Dakota Supreme Court · 1910
- Nelson v. WebsterNebraska Supreme Court · 1904
3Cited by10 opinions
- American Surety Co. v. Multnomah CountyOregon Supreme Court · 1943
- Iverson v. TweedenNorth Dakota Supreme Court · 1951
- McGurren v. City of FargoNorth Dakota Supreme Court · 1954
- McCurdy v. HughesNorth Dakota Supreme Court · 1931
- Northern Trust Co. v. First National BankNorth Dakota Supreme Court · 1915
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