County of Los Angeles v. Lankershim

Citations

• 100 Cal. 525
• 35 P. 153
• 1893 Cal. LEXIS 829

Syllabus

<p>County Treasurer—Duty to Pay Warrants Upon School Fund—Notice of Illegality.—It is the duty of a county treasurer to pay an auditor’s warrant upon the school fund, if it is regular and legal in form, unless he has notice that it is not based upon a lawful demand, or has notice of facts sufficient to put an ordinarily prudent treasurer upon inquiry, which, if diligently prosecuted, would lead to a discovery of the illegality of the claim upon which the warrant was founded.</p> <p>Id.—Official Bond—Liability of ^Sureties for Loss.—The sureties upon the official bond of a county treasurer are not responsible for a loss resulting from the payment of a genuine auditor’s warrant in due form, without notice, actual or constructive, of any fraud or infirmity in the claim upon which the warrant was based.</p> <p>Id.—Failure to Pay Over Moneys—Burden of Proof.—In an action upon an official bond, where the breach laid is the refusal or neglect of the officer to account for and pay ovér as required by law money which came into his hands, it is incumbent upon the plaintiff to prove what money did come to his hands, what amount he has not truly accounted for, and in what respects he has failed to do his duty.</p> <p>Id.—Presumption as to Discharge of Official Duty.—It will be presumed that official duty has been performed, and whenever there is a charge made of official default, the burden of proof is upon the party making the allegation.</p> <p>Id.—Construction of Findings—Fraud.—A finding that a warrant which it is claimed the county treasurer had no right to pay, “ was fraudulent and wholly without right,” is not a finding that the treasurer was guilty of any fraud or wrong.</p> <p>Id.—Presumption as to Genuineness of Warrant.—A finding that a payment by a county treasurer was made “upon what purported to be a county auditor’s warrant,” raises the presumption, in the absence of any finding to the contrary, that the warrant was genuine, and complied with the law in form and