State ex rel. County Commissioners v. Hill

Citations

• 88 Md. 111
• 41 A. 61
• 1898 Md. LEXIS 188

Syllabus

<p>Official Bonds— Condition of Bond varying from that prescribed by Statute — Liability of Sureties— Treasurer of Board of School Commissioners.</p> <p>The obligation of a surety upon an official bond is to be strictly construed.</p> <p>When the condition of an official bond states the duties of the officer for whose faithful performance the bond is given, in a manner different from that prescribed by statute, the liability of the surety is to be determined by the language of the bond as executed, and a new term cannot be added by reading the bond in connection with the statute.</p> <p>Code, Art. 77, sec. 67, requires the Secretary and Treasurer of each Board of County School Commissioners to give bond with surely conditioned that he will faithfully perform the duties of the office, “ pay over and apply all moneys that shall come to his hands or care as Treasurer to such persons and in such manner as said Board may, under the provisions of this article, direct.” The bond of a Treasurer of a School Board executed by the defendant as surety designedly omitted from its condition the words under the provisions of this article, and provided for the payment of money by the Treasurer to such persons as the Board should direct. In an action on the bond, the plaintiff alleged that certain payments were made by the Treasurer without legal authority. These payments had been authorized by the Board. Held, that the defendant was not liable for illegal payments of money directed to be made by the Board.</p>