Commentaries On The Modern Law Of Municipal Corporations PDF Download

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1903 edition. Excerpt: ... previous defaults. It was expressly decided in Minnesota that knowledge by a board of county commissioners when they accepted a treasurer's bond that the officer had converted funds during a prior term did not release the sureties.67 Nor would the members of the board be personally liable under the same circumstances.68 334. Liability of sureties on successive bonds--(a) Where different sureties are given on each bond.--When successive bonds with different sureties have been given for the faithful performance of the duties of the same officer, and a breach has taken place in the conditions of the bonds in not accounting for and paying over moneys by him received, considerable difficulty may be experienced in determining upon which bond and its sureties the liability shall fall. With respect to the general principle applicable to such cases there is no great contrariety of opinion; but in the application of those principles to existing cases considerable judicial dissension has been manifested. There is no doubt that an official bond may be so drawn as to render the sureties answerable for the past as well as for the future derelictions of their principal. Thus, if the condition of a bond is that the officer shall pay all sums of money which he has received, and all which he shall hereafter receive, this language will impose on the sureties the liability for past as well as for future defaults.69 "jEtna L. Ins. Co. v. Mabbett, 18 Wis. 698. M Roper v. Trustees &c, 91 111. 518. See also, Ham v. Greve, 34 Ind. 18. "Atlas Bank v. Brownell, 9 R. I. 168. "Bostwick v. Van Voorhls, 91 N. Y. 353. "Phillips v. Foxhall, L. R. 7 Q. B. 666; Enright v. Falvey, 4 L. R. Ir. 397; Sanderson v. Aston, L. R. 8 Ex. 73. M State...