Bass v. Middlebrooks

169 S.E. 378, 46 Ga. App. 820, 1933 Ga. App. LEXIS 258

Opinions

Broyles, O. J.

1. Tlie demurrer to the amended petition was properly overruled.

2. Conceding (but not deciding) that the secretary-treasurer of the trustees of a school district is the proper official (where he has given the bond required by statute) to receive from the tax-collector of the county money collected from taxes assessed to pay the bonds issued to build a schoolhouse, yet where the tax-collector, upon the order of the Bounty school superintendent, pays the funds to such secretary-treasurer, who has failed to make the proper bond, and thereby loss in the funds occurs, and where the tax-collector acts in good faith and with due diligence, and without knowledge that the secretary-treasurer has not given the required bond, the payment of the funds by the tax-collector to the secretary-treasurer is not a breach of the official bond of the tax-collector. See, in this connection, Park’s Code Supp. 1922, §§ 1437(m), 1438(e), 1438(n), 1438(w); State ex rel. Board v. Buchanan, 140 Okl. 12 (282 Pac. 125). Under the foregoing ruling and the facts of the instant case the court erred in rendering a judgment in favor of the plaintiff. Judgment reversed.

MacIntyre and Guerry, JJ., concur. R. S. Foy, Martin, Martin & Snow, for plaintiffs in error. Pottle, Farhas & Cobb, contra.