Fleischner v. Florey

It is urged on behalf of defendants that the county clerk holds public moneys coming into his hands as bailee and is not liable for their loss in the absence of negligence or fraud on his part. This is claimed particularly for the reason that the statute of this state does not prescribe an official bond for the county clerk but an undertaking.

By virtue of the statute of the state and the official undertaking of defendant Florey as county clerk, he and his surety undertook to “faithfully pay over, according to law, all moneys that may come into his hands by virtue of such office.” Sections…