Custer County v. Tunley

Citations

• 13 S.D. 7
• 82 N.W. 84
• 1900 S.D. LEXIS 91

Syllabus

<p>1. Where a county treasurer received partial payments on personal taxes, and receipted therefor as treasurer, which he was not authorized to i-eceive, he received them for the county, and not in trust for the parties paying; and hence the sureties were liable therefor on his bond, conditioned that he would faithfully perform the duties of the office, and account for all moneys coming- to him as treasurer.</p> <p>2. The sureties on the bond of a county treasurer for his second term- only were liable for moneys received by him during his first term, when, during the second term, he had charged himself with the amount as being paid over to himself as his own successor, thereby admitting the amount to be in his hands.</p> <p>3. Where a bank refused to surrender a deposit made by a county treasurer, and, in order to recover it, the sureties on his bond agreed that the county might bring suit therefor without losing its right t-o bring subsequent action against the sureties for “about $700” for certain moneys received and unaccounted for by the treasurer, such agreement did not in any manner fix and limit the amount the county might recover in the subsequent action against the sureties.</p> <p>4. Sureties on the bond of a county treasurer for the second term only were not liable for moneys received by him during his first term, which he had not charged himself as having received on entering on his second term.</p> <p>5. The sureties on the bond of a county treasurer are liable for overpayments made by the treasurer to certain school districts, it not being shown that the county received any benefit from the overpayments.</p>