State ex rel. Berry v. Hundley

Citations

• 125 Miss. 355
• 87 So. 890

Syllabus

<p>1. OFFICERS. Bond of officer binding on every person who subscribes it.</p> <p>A bond, delivered and approved as a bond of a public officer required by law in order that he may hold and receive the emoluments of the office, is binding on every person who subscribes it under the provisions of section 3463, Code of 1906 (section 2801, Hemingway’s Code), although the office is erroneously described therein.</p> <p>2. Officers. Bond of officer security for duties subsequently imposed on him.</p> <p>Tibie bond of a public officer is a security, not only for the performance of the duties incumbent on him when the bond was executed, but for such other duties, not different in kind, which the legislature may thereafter impose on him.</p> <p>3. Counties. Loss through issuance by treasurer of receipt for moneys derived from bonds before it came into his piossession covered by bond.</p> <p>It is the duty of a county treasurer not to issue a receipt for money derived from the sale of county bonds until the money has come into his possession, and any loss resulting to the county because of' the issuance by the treasurer of such a receipt before actually receiving the money is covered by his official bond.</p> <p>4 Counties. Treasurer’s bond security for purchase money of bonds prematurely receipted for.</p> <p>Where a treasurer of a county enables a bank to receive the purchase money of bonds sold by the bank for the county by delivering to the bank his receipt for the money to be delivered by it to the purchaser of the bonds, and fails to collect such money from the bank and turn it over to his successor in office, hig official bond is security therefor, although his successor could have himself collected the money from the bank.</p>