| Show SURETIES AN HELD BOND supreme co court urt reverses lower court in case cast involving de POS atory bond given by aboab state dank I 1 I 1 in a somewhat what decision written by district judge gears george F darker barker and handed down by tho the au preme court of tho the state of utah this week the decision of judge dilworth woolley frecking the individual bondsmen of the ho moab state bank from I 1 liability on the depository bond run nirta to chariot kailey county treasurer of grand county ruled the estate of F U B Hammon hammonds deceased doco td ti is relieved from liability on am ahe ho bond for tho the reason that the timo time within which to present claim claims against au int the estate had expired before tho the ft of the bank no further trial of the case will be ro quiren as a under the ft elsion jude judge woolley ie Is directed to modify his hi and judgment to codora to tho the supreme court eburt order speaking for tho the supreme court judge juige barker a ay 1 in 1 cow there is no tio isaly 0 of I 1 ia fact A rc malnine to be determined the devillon dec deci illon lilon of th tha lower court baying turned on to fc a question of law it therefore appear appears that no good purpose would be b sub served by rL run anding manding the cute to the lower court for to retrial trial therefore that part of the judge judgment at which comprise comprises tho the judgment appealed froni from that the thi defendants W U V hammond as nd rid minis trabor of the citrate citate of P F B R lee kirk andrew somerville J P miller and D F densell are in entitled to a against tho plaintiff of no cause of action and for their cost Is reverted reversed except as to the respondent W D II ummond As administrator of the oe batalo of F B hammond dc ceaud w ath kupect to whom the 11 judgment Is affirmed and the cause is a remanded to tho the district court with directions to make mako and enter findings of fact conclusion conclusions of lew and audr ment in divor of appellant against the respondents W EL gordon R P lee kirk andrew sonner ville J P miller atia ana n v donsel in iq accordance with the view views espres ed d in this decision appellant AppI arit to m recover costs on appeal the case ease WAS heard by J jude bil bit worth woolley in december 1922 at which time judgment on behalf of mr aft kelley as county tresor cri was rendered against the moab state bank for 00 the case wax was appealed by the county to thor tho gu su court in may of this year attorney ney C A Mb embertson Il ertson appe appearing aAng for the county and the being represented by b attorn knox paterson the qu question tao I 1 da d a ter mined by the supreme me court waa was whether the bond held beld by mr kelloy which was continuing in form expired with bis itis then term as county treasurer upon me election reelection re to the position the supreme court bem held that it did not so 0 o expire mid and that there had been no cancell cancellation atlon of tho the bond by mutual conent consent of the the effect of tho the decision on tx Is to hold bold the individual bondsmen jointly liable with the moal mca L state bank for tin full amount of the deposit in the moab state bank rith inherst thereon at t the rate of erht eight per cent per from the date the bank closed in ita its suit brought against mr kelley and hie his surety the american surety company of new york and tried at the tho same me time as the ease case just decided by jhc supreme court grand county recovered principal and avid fiXer airest esit the sure surety ty company paid this amount in february of this year of the remaining ting from the mob moab stata stat bank some 00 has ha been paid by ty the bank hink ind it appear appears that the cound wil be fully reimbursed as a result v the PrOn c court recent de decision cislon when the county countr ie Is paid in fall full the company will be abrogated subrogated to thet right of the county as the thet 4 individual sure sureties eu tiel and abb tb state bank |
