Barry v. Screwmen's Benevolent Ass'n

Citations

• 67 Tex. 250
• 3 S.W. 261
• 1887 Tex. LEXIS 859

Syllabus

<p>1. Treasurer’s Bond—Misappropriation—Liability op Sureties.— The sureties on the bond of the treasurer of a corporation are as much liable for misappropriation subsequent to execution of the bond, of funds in the hands of the treasurer as such, at the time the bond was executed, as they are for the misappropriation of money which came into his hands as treasurer afterwards.</p> <p>2. Same.—They are not liable for such misappropriation if it occurred before they became liable by their contract for his misconduct. The bond can have no retroactive effect. (Hetten v. Lane, 43 Texas, 288, etc.)</p> <p>3. Same—Practice.—In a suit against the sureties on a treasurer’s bond' it appeared from the petition that the treasurer properly disbursed more money after the bond was executed than came into his hands after that date. The petition further showed that more money than was claimed in the action came into the treasurer’s hands prior to the execution of the bond. Held:</p> <p>(1) Unless the petition clearly alleged that the money received by the treasurer prior to the execution of the bond was in his hands at the time of its execution, the petition was subject to demurrer.</p> <p>(2) See opinion for allegations held insufficient.</p> <p>4. Same—Evidence—Oeficial Report.—A report filed by the treasurer, after the bond was executed, in accordance with his official duty, and in pursuance of the laws of the corporation, was admissible to show that the money was in his hands after the bond was executed, but the sureties could show that the report was untrue. (United States v. Boyd, 5. How., 50; Keowne v. Love, 65 Texas, 158, eté.)</p> <p>5. Same—Private Papers.—A check book used by the treasurer in his private business, containing stubs showing that drafts had been drawn by him at certain times was inadmissible for the purpose of showing when funds had been converted by him.</p>