Trustees of Schools v. Smith

Citations

• 88 Ill. 181

Syllabus

<p>1. School treasurer—liability for notes coming to his hands. Where, at the time of the appointment of a township school treasurer, the permanent school fund was all loaned out, and he received the notes therefor, and upon his death his administrator failed to find and deliver over a part of such notes, this was held, prima facie sufficient to show a default on his part to the amount of the notes not found, without proof of his having collected the same, for which his sureties were liable.</p> <p>2. The sureties of a township school treasurer, to exonorate themselves from liability, must show that he had paid out or disposed of the whole sum which came into his hands, according to law, including the amount in notes as well as in money, the treasurer being bound to respond in money or securities for the whole. The presumption that, as an officer, he did his duty, can avail nothing against proof to the contrary.</p> <p>3. Same—presumption as to time of defalcation. Where a school treasurer was reappointed about five months before his death, but gave no new bond, and after his death it was found he was a defaulter in a given sum, in the absence of proof that he had in his hands all the moneys and securities entrusted to him during his first term of office, it was held, that it could not be presumed he paid over all the moneys and notes to himself as his own successor, so as to exonerate his securities. A defalcation being established, and no time shown when it occurred, it may as well be presumed that he misapplied the funds during his first term as during the time after his reappointment.</p> <p>4. An entry upon the minutes of the board of trustees, at the time a school treasurer is reappointed, that he made a report as treasurer, and the same was “carefully examined,” is not evidence that his defalcation had not then occurred.</p> <p>5. Proof that a school treasurer, after his reappointment, received money on a school note in his possession, without proof when the