The Saint Paul globe., 1899-04-20
BOND WAS Y WORTHLESS
MINNESOTA SAVINGS BANK GUAR
ANTEB FOR THE FUNDS OF
THE COUNTY
WAS NO GOOD AT ANY TIME

So tho Securtfes ON Which the
County ssioners Authorize
ed tho Deposit of Moneys In
stevens and Hiclseps Institution
Cannot eiCompeIied to Make
Good Now-Hew It Wa. Done.
Judge Kelly. In a decision handed down
yesterday. holdsshhat the sureties on the
pond given by the Minnesota Savings
bank to the countysof Ramsey for funds
deposited is void ands orders Judgment for
the defendant sureties The action was
brought In the name Of the county against
William Bickei as principal ana Joseph
Ehrmantraut Jr.. George ]. Mitsch,
Ihomas f. Conroy. Herman L. Schade,
and Flora Dorinden, as Administrative Of
the estate Of G. ]. Dorinden. The court
Inc the decision gives the following as
conclusions Of fact: = ~, .~
That Fred g: Stevens was president
and VIM. F. Bickel cashier Of the MINI
nesota Savings bank. July 27, 1896. Bickel,
to the board Of county commissioning
IN onic1al session purporting to be a bond
OF OF sala corp9eration e to secure the deposit
~ AAAoAOyS VI ItdIuS0y county. Inc writ
ing, as submitted to said board, was not
signed nor sealed by Herman L. Schade
and said Rhodes. name did not appear
tnereon; @ or n either certificate thereon.
Ihe board. consisting of. Mayor F.. B.
Doran, Commissionefs Wright, Keller
man, man, Moritz. McCaron and Allen, re-
fused to- approve or accept said proposed
bond. and referred the same to COM
m1ttee consisting of Moritz, McCarop and
Kellerman called; the committee of pub
nc records and reports with Instructions
hoY oY,1r nf thn 6no
ton and to demand that additional sure
Ties De had upon said proposed bond.
That thereafter Commissioners Moritz,
acting for said committee and said board,
returned said paper to BickeT with notice
| as above. Bickel thereafter procured
hnnd herman 4 I. @ Sehale to sign and seal said
hand the name Of schade wherever it
| now appears in the body of said bond,
! ana IN the certificates of the notary pub
| lie Of the acknowledgment thereof and
justification thereon and above said no.
| tary's signature and seal.
Ihat none of the other persons whose
ties had notice of the addition thereto
OF Herman L. Schade's signature or Of
the circumstances. under which said ad-
| appear they had notice Of the deposits
| thereafter made in said bank upon the
faith of said paper.
Jr, signed said paper as surety with
| an agreement made between the presi-
dent and m eashier of the bank that the
| same should not be binding on him or
| delivered to thes county commissioners
until he, EhrmaHntrat1t should approve
the f1 ,oot other sureties. That prior to Aug
II, 1885, PLAINTIFF board had notice through
! Commissioner Moritz of said agreement
between Ehrmanntraut and the bank Of
ncers and notice also that said Ehrmann-
| traut denied his obligation under said
proposed bond. That after EhrmanntraIIt
| signed said bond II it was never at anV
| time presented to him for approval and
ned ne odd "a not lot. approve the sureties thereon
ana did not at any time acknowledge the
execution thereof before the notary
whose certificate is indorsed or before
That on Aug. II, 1896, said bond Of $40 Ooo
was returned by the committee to the
board OF county commissioners, while in
session and was approved on recommends
tlon @ OF the committee with William F..
| Bickey,, Joseph Ehrmanntraut. George J.
| Mitsch,. l.. j. Casserley, Christ J. Dorni-
den, Thomas F. conroy and Herman &.
m1ssioners except as in the action taken
| by adopting the report Of the committee
or attempted to. designate said Minnesota
savings. bank as Depository OF. the funds
OF Ramsey county Under the proposal
lang amait or r. otaeTWise That the board Of
any time or in any manner designate or
| attempt to designate said Minnesota Saw
1ngs bank as depository of the funds of
Relying on the bond the county treas
| urer deposited moneys belonging to the
! county IN the bank between Aug 49, 1896
| and Sept. 30. 1896, the sum Of $46SS IA, and
| Withdrew amounts so that when the bank
made an assignment in January, 1897,
! funds. :.
AS conclusion of law 1t is determined
| that defendant sureties answering are en-
| titled to judgment, that plaintiff take
| nothing by It's complaint, and that de-
PENDANTS recover costs and disbursements.
! In the memorandum accompanying the
decision Judge Kelly. says;
| The paper sued on never became the
obligation Of Joseph Ehrmanntraut be-
cause the attempted delivery on Aug IT,
| 1896, was in violation of the Conditions
| upon which said Ehrmanntraut signed
the paper, and the county commissioner
| through Commissioner Moritz knew or
tions The release Of Ehrmanntraut Jr.
| and the adding sof Shades signature
| changed so materially jthe paper, as orr
| ginally signed and sealed by the others,
that its effect In law Is to release all the
sureties, 1t was not. in fact when de-
! posed he was executing. Whether or not
under the facts in this case the county
! treasurer was authorized to deposit in
| this bank any Of the-funds Of Ramsey
| county is not necessary, and LIDO not de-
| eide. Perhaps the, action Of the county
posit of money therein may be held as
! between the county, and the sureties to
| make the bond a de faeto depository. But,
| however, that may be-. by reason of the
| attractions and Irregularities in, and
| authorized delivery of'the bond as found,
| am compelled to hold the sureties re-
! leased as matter of law.