Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1886-03-30
THE McCONKEY BOND CASE

An Important Decision by Il
state Supreme COurt-rhe Official
BOndsnem OF the 1.ste County
Treasurer. McConkey. of White
Pine, not Liable for the SII, 900
Loss or DefaIcntiOn.
Intelligence WAS received in town yes
terday OF a decision of the State Supreme
Court in the case OF White Pine county
vs. II. s. Herrick and others upon the
official bond OF the late George P. Nc.
Conkey, who was for three successive
terms Treasurer Of White Pine county. A
brief statement of the case in this connec-
tion, SO that all the SENTINEL readers may
have q full understanding of the decision
rendered, will, no doubt, be read with in
terest.
On the evening of January l, 1888.
George p. McConkey, who had served for
three successive terms as Treasurer of
White Pine county, died very mysteriously.
Some say he was murdered; others that he
committed suicide. Those differing in
this matter presented strong arguments in
favor OF their belief. 1t was. according
to law, the duty Of his successor as
County Treasurer to assume charge OF the
Office on the day on which the murder or
suicide was committed, but for some rea-
son or other he failed to do so. Shortly
afterwards, when said successor entered
the official harness, 1t was learned that
Mr.. McConkey was short in his accounts
about $1l 900. Suit Was commenced in
the month OF March, 1883, in the District
Court OF White Pine county, to recover
upon the official bond of said McConkey as
Treasurer. The sureties upon the bond
demurred TO the suficiency of the COM
plant, relying on the constitutionality OF
an Act of tho Legislature Of 1881. passed
for the relief Of ~sureties on official bonds;
| also, involving a question OF pleading IA 10
what constitutes conditions precedent.
Judge Rives, in determining the case, held
that the Act was constitutional, and that
certain requirements OF the statute were
conditions precedent. and mnst be afirma'
lively alleged. From his judgment the
county appealed, which judgment was by
the Supreme Court reversed. This decis
ion was given about January 10, 1885, and
on the 9th OF the same month the Court
house Of White Pine county at Hamilton
was destroyed, together with all its con-
tents except a few books u%nimportant in
this case, by fire.
After wards the case was returned to the
District Court at this town, and upon the
| hearing on Jll6 mcilte bho uCicuunh'oi ~
: appears, without introducing any testi'
mony in their behalf, moved for q non
suit. II was shown by the Court that the
plaintiff q counsel had not shown during
which Of the three terms served by Mr..
McConkey as County Treasurer the al
legged defalcation occurred. n that unless
the same could be shown the last set OF
bondsmen could not be held responsible
for q deficit which may have occurred in
the first or second term. No such showing
being made, a non-suit was ordered, and
an appeal WAS taken to the State Supreme
Court, which body on Saturday last af'
tirmed the decision Of the District Court.
Thus ends u case which has created con-
siderable interest and no little speculation
In Eureka aud White Pine counties. mas
much az several of the bondsmen were cit
izens of town, and the amount Involved
together with interest, amounted 70 abon
SIS, 900. The sureties upon the official
bond in question, and the amounts for
which each aurety was liable. was as fol
lows: Fl. S. Herrick, sc, 900; Charles
Karbstain. now deceased. 81, 1000; Treflt
Doutre, ST 900; John Mollitor, So, 900
o. NJ. Converse. 81, 900: d. Strick'
land. 1000; R. Sadler, $40. 000; Thomas
Freehill. So, 900; 2. M. Ellison. 81 900; K
A. McDermid, 81. 900; George d, FreelAnd
: 81, 900.