Board of County Commissioners v. American Loan & Trust Co.
Supreme Court of Minnesota
Action in tbe district court for St. Louis county upon a bond executed by defendant trust company, as depositary of public funds, and by defendant sureties. Tbe cause was tried before Cant, J., wbo found in favor of plaintiff, and from a judgment entered in pursuance of bis findings, defendants A. W. Bradley and seven others appealed. It was error not to exclude evidence of tbe account secured by tbe bond, because of plaintiff’s failure to serve a bill -of particulars.
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Action in tbe district court for St. Louis county upon a bond executed by defendant trust company, as depositary of public funds, and by defendant sureties. Tbe cause was tried before Cant, J., wbo found in favor of plaintiff, and from a judgment entered in pursuance of bis findings, defendants A. W. Bradley and seven others appealed. It was error not to exclude evidence of tbe account secured by tbe bond, because of plaintiff’s failure to serve a bill -of particulars. City v. McDowell, 12 N. Y. Supp, 414; Supervisors v. Decker, 28 Wis. 669; Board of Co. Commrs. v. Smith, 22 Minn. 97. Tbe…
1Opinion of the Court
START, O. J.
This is an action on a bond given by a depositary of public funds, the American Loan & Trust Company, and its sureties. The bond recites that the trust company has been duly designated as depositary of the county, and its conditions are that the trust company shall at all times hold the funds deposited with it subject to draft and payment on demand, and shall pay over, according to law, all funds which shall be deposited with it pursuant to such designation.
*492The complaint alleges the execution of the bond, its acceptance, the designation of the trust company as a depositary, the…
2Cases cited10 opinions
- Board of County Commissioners v. Citizens' BankSupreme Court of Minnesota · 1897
- Board of County Commissioners v. State BankSupreme Court of Minnesota · 1896
- Adams v. CastleSupreme Court of Minnesota · 1896
- Board of County Commissioners v. SmithSupreme Court of Minnesota · 1875
- Board of County Commissioners v. ButlerSupreme Court of Minnesota · 1879
5 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Henry County v. SalmonSupreme Court of Missouri · 1907
- State v. United States Fidelity & Guaranty Co.Supreme Court of Kansas · 1910
- Talley v. StateSupreme Court of Arkansas · 1915
- Red Wing Sewer Pipe Co. v. DonnellySupreme Court of Minnesota · 1907
- City of Pocatello v. FargoIdaho Supreme Court · 1925
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