Great Falls weekly tribune., 1896-04-24
Bondsmen Of the Late Treasurer El-
lott, Judge Benton Holds,
Ara Not Liable.
There Was No Wrongful Conversion
Before His Death, There Gould
Not Be After
"DepOsit' Means that the Money Shall
BE Deposited in Il Pank-
Memoranda.

K. B. Mclver, A. e. Dickerman, Robert
Vaughn and j. Ii. Mcknight, sureties
on the official bond of the late city treas
urer, p. j. Elliott, an action to recover
$4,000 on such bond. He holds in favor
OF the defendants, concluding, under the
law, that the action of Elliott in depoeit-
ing city money in the Merchants Ma
tional bank, since suspended, was lawful
and in accordance with the direction of
the statute and not conversion of any of
the funds.
1t is, therefore, ordered, adjudged and
decreed, that the plaintiff take nothing
in this action and that the defendants
have judgment for the costs OF suit in
their behalf expended.
The suit involved no question of fact
and the questions of law were argued
last Friday and Saturday. Sam Stephen
son, city attorney, j. B. Leslie and Ran
som Cooper were attorneys for plaintiff,
while L. Il. Brady, A. j. Shores and G..
w. Taylor are the victorious counsel.
ln memoranda, accompanying the
Judgment, Judge Benton says:
"Parmlee j. Elliott was, in 1893, elect
ed and afterward qualified as treasurer
of the city of Great Falls OF the funds
that came into his hands, 521, ,lS4 70 was
deposited in the Merchants National
bank of Great Falls. and This sn;t ;s
brought against his suret;es On his of.
fetal bond to recover the sum of ais Ono
OF the moneys so deposited. on the
ground that default has occurred in tho
conditions of the bond.
| The first question arising in the con.
sideration CT this action ia the constrnc.
| ton OF the plaintiffs compla;nt herein
the plaintiff taking the position not onlv
that upon proper showlor Q plaintiff NAV
recover for fraudulent conversion by the
principal, but also under the obligations
set out in the bond. reading as follows.
Now, therefor, if the said parnIjea I
Elliott shall we'll and faithfully nerform
all the duties Of sad Office Of citv treas.
urer and shall pay over all MONEYS that
shall come io1o MS hauda ns citv trlac-
urer, u 4; then the above ohlira-
yion shall be null and void, otherwiaa n
remain in full force that nnnn its ~
pearing that the civ treasurer fa,led 10
turn over the money in hia handa 40
such treasurer. such &C. was such a
breach of the bond as wou)d r4ndsr his
sureties liable thereon,
"It ia admitted that Elliott d;ed IN
AuEuEI. lSp1 and cOnnpIn1 that
sol lS4 10 of the citv funda WIS danos;tad
in the Merchants' National hanis NJ
Great Falls. which hank wac nlaced in
the hands of a receiver. JnIv 81 1908
and that such snm had benn redncad tn
the amount eued for bv dividends n.;S
nv the receiver sinca JnIv 81 Is1o
amounting to the sun of sG955 III and
nrior to The institution of tniS uu;t "DN
"'rhe only hreach in tho nond;t;ons y,
the hond Il one was committad was IN
the failure. m the mart of ElI;ott 70 vow
over the NOR avs Coming ;nto b;s hDnds pa.
The recovery is not soupht mnon % anv
other oronnds Th;, hac.sna ;,,,po..;hi.
because of the sudden death of Ell;o,t
bv orownino IN fhe M;scour; r;var T,
cannot he that tho Ioos,ativa ;ntan+ uas
that a nrincinal m hond Tho cond;t;on
of which reo,lires him at The evnirat;on
of his term tn fnrn over to h;o o,,noassor
the funds in h;s hands should ha non
sidered in default of that cond;t;on ba
cause Of his death Alive ha ,yos ~
ohl;oed to turn ovar suoh ,,n,n t;I |
the exniration of his term of ot1ico e. nnd
dead. he could not do 81. ' "1O'
"The etatntorv ohlioa,;on ia +bo+ tbo
treasnrar whan he vacatos h;s oaioo ~.
the exniration NJ his tarnn ~ hofora
ahul daI;var n h;e ,rooo,.o, ~, nainn III |
monava etc halona;no ~ tha o,+u ID
hv him as rreasnreE and thare cn;,Id T ha
M liability nndar ihs statnte ;f aa.th
nreventen II Thara was ,u ~ n,ron"f.I %
convers;nn hefora h;s daa,h Ntba,o oa',id
moi he after ~ ''"'"
"Another ;mnortant ouest,,, !, +ho
caae ia the conatrnct;on If uaot;ona a5n
351 and 352. Fifth d;v;s;on ~ tha Couo' ouo'
niled statutes. which rsad as m follous. % CoAn'
".Sar 35O Tha traasu,ar s Ae eho,T
bond to the c;tx !, "0uua ;ta onrno,ata nta" gve
w,1h snret;es ~ ha e ,nra"ad SU.pu,a'G nane
council or hoa,d - appauneu aI9au ~ .ne
sunn 90 nav 10 raa,;rad t h;as nen ~ 1ucn
ha l.ss than tne ,dtai oant "nn u. enali ~ w.
ast;na,ad - o Wv o;a s"a' =. a'oun. oa noneys
vear for the " ta;,pf,i G pa W. msrt nlm uuaing Inc
a'.;a. ,oa -. ..ona,. a"u' 20. naa'ce VI HIS
uooa,ee e 90 .he oas oe;cn that any, also, "hen ne
o"eu e tn h; ,o anoes oeu, .nas ~, no snail uelver
,anars ua w nronor.u ,s n, al u apneys' pooks'
plopoa ,ha e.. "nu a., u'hea @ 'hIng1 De
,ons,ns m % w. .no '''S VI 'o"n' heio oy MIN
ae g steasuter; .ena o1; r.o a:. .,
u