Ikert v. Wells

Citations

• 22 Ohio C.C. Dec. 82

Syllabus

<p>AMERCEMENT — BAILMENTS—SHERIFFS.</p> <p>1. Sheriff's Liability fob Money Lost in Official Capacity is that op Bailee.</p> <p>A sheriff who receives money in his official capacity is a bailee, and his liability for the loss thereof is to be determined by the law of bailment.</p> <p>2. Sheriff cannot be Amerced fob Money Lost in Bank Failure.</p> <p>A sheriff having received a sum of money from the sale of lands' made under an order of court in a partition case, and pending an order of distribution, deposited the money in a local bank of good standing and credit, in a separate account to his credit as sheriff and not mingled with his private funds, is not liable to amercement for the money because before the fund was paid out the bank failed, and no negligence or bad faith being charged or shown on the part of the sheriff.</p> <p>[Syllabus by the court.]</p>