New Ulm review. (New Ulm, Brown County, Minn.) 1892-1961, 1897-01-27
LOWER COURT REVERSED,
The Supreme Court Reverses Judge Web
ber's Decision in a Red wood Oouaty
Case.

Judge Mitchell from the Supreme
Court has handed down decision in the
case Of the Redwood County commissi-
oners VS.. the bondsmen of the Citizens
Bank Of Redwood Falls, insolvent. The
decision of the lower court was in favor
of the bondsmen, but it is reversed bv
the conrt Of last resort, as will be seen
from the following syllabus:
A bank which had been depository
Of county funds for one term about to
expire, and which was indebted to the
county for money deposited with it dur
ing that term, was designated depository
for II second term, and gave to the coun-
ty a bond will, sureties, conditioned that
it would pay on demand all funds (which
shall be deposited in said bank, pursu-
ant TO said designation"
The account between the bank and
the county was kept in the form Of one
open current account. During the Sec
ond term, from time to time, deposits
were made to the credit of the county,
and payments made generally to the
county on its checks, the amount of these
payments during the second term ex-
cccding the amount Of the deposits dur
ing the same time, but leaving a balance
still due the count y when the bank failed
during the second term.
Held, that the sureties were only IL
able for money deposited during the sec
ond tern. for which their bond was Civ
en-, but that the relation between the
bank and the county vas that of debtcr
and creditor, and that the money depos-
ity with the bank became IFS property,
and all payments made by it to the cnun
ty were made with its own f,nds: and,
having been paid generally on ;: single
continuous acaount. the law, will APP
prOp.iate them according to the general
rule. viz: the first Item on the credit
side to Discharge or reduce the first item
on the debit SIDE; that the sGreties have
no right to have the payments first APP.
piled to discharge the debts created by
deposits made dunng the secnnd term.
The case is distinguished from those
on official bonds, where the officer was
merely the custodian Of public funds,
which remained the property of the pub
lie, and where lie used the public funds
which came into his custody during one
term TO Discharge his liability on account
Of an cml'ezzlement committed by h,m
during a previous term.
believe the first test of truly great
man is his humility. ] do not mean by
sshumility" doubt Of his own power, or
hesitation in speaking his own opinion,
but right understanding pf the rela-
tions between what lie can do and say
and tile rest Of tile worlds doings and
sayings. All great men not only know
their own business, ,1t usually know
that they know it; and are not only right
in their main opinions, but usually know
that they are, only they do not think
mach Of themselves on that account.
They do not expect their felloW-nl to
fall down and worship them; they have
q curious under-sense Of rowerlessness,
feeling that greatness Is not in Them,
but through them. They do their work,
feeling that they cannot we'll help doin,g,
IT. Ruskin.
Yankee Pancske Flour. Ct 25c.. sack.
Sleepy Eye Pan -kako and Golden
Harvest Breakfast + God At Zoe. pack
age .t 7. 81. BEHNKE. q