The Montgomery advertiser., 1903-11-17
COUNTY GETS
 THE DECISION Favorable Opinion in Morris Bank Suit. MAY WIN FULL AMOUNT Decided by Court of Appeals
 in Fort Worth. Reversed and Remanded to Judge Jones on County's Writ of Error
 Claiming That $ee,154.
 bs is Due.

to the Circuit court TOT the Middle DlS' trict of Alabama. presided over by Judge Thomas 1. Jones. The case was reversed on the county's writ of error. which con- terisied that the county was entitled to a judgment for the full amount sued for, 96.154.5s. It will be recalled that on the last trial of the case a jury gave the county a judgment for s67, ,103.05.
 From this decision both parties to the suit appealed. The writ of error for the county contended that 1t was entitled to the full amount. In their writ of error the defendants contended: First, that the county could not sue its treasurer as long as he continued to be treasurer second, that the bank was insolvent and the check given the agent of the Board of Revenue for a $100.000 bond issue was of no value; third, that Treasurer Coch. ran did not collect any money. but mere- ly received a check, and fourth that the bond company was not liable because John P. Kohn was acting in a dual ca pacity as agent for Cochran and as agent for the bank.
 The case was submitted to the Court of Appeals the second time during its sitting in Montgomery about a month ago.
 The case was reversed on the writ of the county the first news being received III a teieBTam sent tO one OL Ine county attorneys yesterday by Charles H. Led mum, clerk of the court. It read:
 Montgomery county case reversed and remanded on your writ"
 This suit was brought by the County of Montgomery, in the City Court of Mont
 gomery, against John J. Cochran and
 the Fidelity and Deposit Company of
 Maryland; Cochran being the treasurer of the county and the Fidelity and Deposit
 Company of Maryland being a corpora | ton under the laws of Maryland and the
 surety on the bond of Cochran as County
 Treasurer. The purpose of the suit is
 to recover damages for certain alleged breaches of the official bond.
 The cause was removed from the State Court to the Circuit Court of the United
 States for the Middle District of Ala
 bama, on the aplication of the Fidelity
 and Deposit Company. of Maryland, February 15th, 1902 upon the ground oi prejudice or local influence.
 At the May term 1902 of the Circuit
 Court the plaintiffs motion to remand for
 want of Jurisdiction having been over-
 ruled, trial was had and resulted in a
 verdict and judgment for a sum much
 less than the amount of the plaintiff
 claim. That judgment was reversed by
 the Circuit Court of Appeals and a new
 trial was had In the Circuit Court at the
 May term. 1908. the result again being a
 Judgment for much less than the amount
 of the plaintiffs claim. From the judg-
 ment each party prosecuted a writ of
 error.
 The suit as first tried involved two
 funds. The general fund and a special
 fund called the road and bridge fund Upon the first trial the plaintiff recovered judgment for the general fund in the sun | nf GAG s-k
 but under the rulings of the court the
 plaintiff recovered nothing upon that
 trial on account of the road and bridge
 fund. The $36,S69.92 judgment was volun.
 tarily paid by the defendants.
 After the reversal of the former judg.
 ment. and before entering upon the sec.
 ond trial in the Circuit Court, the plain.
 tiff renewed and insisted upon the motion
 to remand the cause to the State Court or
 the ground that the defendant Cochran
 being a citizen of the same State as tht
 plaintiff, the court was without jurisdic' | ton. The court overruled the motion and
 the plaintiff reserved an exception. | Cochran was elected County Treasurer
 in August, 1900, and entered upon the du ties of the office September 1. 1900, undei
 the official bond sued on and described ir the complaint, the Fidelity and Deposit Company of Maryland being his sole | surety.
 The bond was approved by the Judge of Probate August 24th. 1900. On the first day of September, 1900. Cochran, by in. strument of writing duly executed by him | appointed John P. KOhn his agent, anc | clothed him with authority to transact al
 the business and discharge all the duties | of the County Treasurer Cochran lives twenty-four miles from Montgomery, anc
 had no place of business here other thar
 the banking house of Josiah Morris S Co, where he kept the funds of the coun. ! ty on deposit to his credit as County Treasurer from September l, 1900, to Jan.
 uary 25, 1901, when the bank suspend
 ed and closed its door, Between
 these dates Kohn, his deputy, kept the
 books and attended to all the duties of the
 office Kohn was an employe of the
 bank. which was owned by F. M. Bill. | ing. Cochran personally received from
 his predecessor the money, in the form oi
 e certified check upon another bank
 which was in the traasury September 1
 1900. and did not personally receive any
 other money as treasurer prior to Jan
 uary 25, 1901, but up to that date Kohn as
 his deputy received and paid out money | and kept the books of the treasurer. Cochran, prior to entering upon the du- | ties of the office, had an agreement with Billing that he would deposit the funds
 of the County in Billings bank and that ] Billing should have the treasurer's busi- ness transatecd. In pursuance of this agreement the power of attorney was ex- ecuted to Kohn. The bond company knew
 at the time the bond was executed by it. that the money was to be deposited in the
 Josiah Morris & Company bank.
 | At the time of the failure of the bank Cochran had on deposit therein funds of the County amounting to H47.554So, in-
 cluding therein the road and bridge fund
 then amounting to slO4592.42; but all of Il
 had at the time of the trial,
 been duly accounted for except
 the road and bridge fund. and of that fund Cochran had collected | from the bank and duly accounted for the
 following sums at the following dates
 viz.: July 2, 1901, s18,o74O5; June IA, 1902, l $13074.05. | os 4bis fund amounting. at the date of inc trial to Ss6, ,164.5S, arrived at by stat | ing and calculating the account against 1 the County Treasurer as follows;
 | 1891. Jan. 8. To amount proceeds
 1 sale of S1OO,OOO bonds.'.-. Sll1 'lO9O OS I 1oo1, Tan. 25. By amount of war
 rants paid to date. ............ 6,5lIl6
 1aoi. Han. 25. To amount at date