Montgomery County v. Cochran

Citations

• 126 F. 456
• 62 C.C.A. 70
• 1903 U.S. App. LEXIS 4336

Syllabus

<p>1. Second Appeal in Same Suit — Questions Reviewable.</p> <p>A second appeal to the Circuit Court of Appeals in the same suit brings up for consideration only the proceedings of the Circuit Court after the mandate was sent down on the first appeal, and no question decided on such appeal can be reviewed.</p> <p>3. Deposit op Check in Bank — Effect of.</p> <p>When, in the absence of fraud, a check is presented in bank by the payee, and received as a deposit, and credited on his account in the bank, the check is paid. The transaction is the same in effect as if the cash had been handed to the payee, and by him returned to the bank. This result does not depend on the amount of cash in the bank being equal to the check, nor on the financial condition of the bank, as shown later on a settlement of its affairs after insolvency.</p> <p>8. Public Officers — Acceptance and Conversion of Check bt County Treasurer — Liability on Bond.</p> <p>Where a county treasurer in Alabama accepted and receipted for, as money, a check of a bank, drawn on itself, for the purchase price of bonds sold by the county, the proceeds of which he was required by law to receive and keep in his official capacity, and deposited such check in the bank on which it was drawn, receiving credit therefor, and charging himself with the amount on his own books, he is responsible on his official bond for the full amount of such check, it being the law of the state that a deposit of funds in a bank by a treasurer constitutes a conversion thereof; and it is no defense, in whole or in part, to an action on his bond by the county, that the bank was insolvent, or that it had insufficient money on hand to pay the check, and that he could not, by the exercise of the utmost diligence, have collected more than a small part of it.</p> <p>i. Same — Action on Bond — Accrual of Right of Action.</p> <p>Under Code Ala. 1896, § 2796, by which limitation begins to run in favor of the sureties of a public officer “from the ac