Cass County v. Bank of Harrisonville

• Citation: 57 S.W. 736,157 Mo. 133
• Parties: CASS COUNTY v. BANK OF HARRISONVILLE.
• Decision Date: 12 June 1900
• Court: United States State Supreme Court of Missouri

57 S.W. 736

157 Mo. 133

CASS COUNTY v. BANK OF HARRISONVILLE.

Supreme Court of Missouri, Division No. 1.

June 12, 1900.

COUNTY FUNDS — DEPOSITARY — INTEREST — TOWNSHIP SCHOOL FUNDS — HARMLESS ERROR.

1. The bond of the depositary of county funds required it to pay interest only on the county funds on daily balances to the credit of the county. Such depositary was also required to keep township school funds deposited by township trustees to their credit, payable to their orders, and the same bond secured both funds. Held, that the depositary, being bound only to pay interest on county funds, was not liable for interest on township school funds.

2. Where the judgment of the trial court is for the right party, error by the trial court against it in attaining that end is harmless, and furnishes no grounds for reversal of the judgment.

Appeal from circuit court, Cass county; W. W. Wood, Judge.

Action by Cass county on a bond executed by the Bank of Harrisonville, as county depositary, to recover interest on township school funds deposited to the credit of township trustees. Judgment for defendant, and plaintiff appeals. Affirmed.

This is a suit by Cass county on a bond executed by defendant as county depositary to collect interest alleged to be due to said county on township school funds kept by said depositary to the credit of township trustees during part of two years from 1893 to 1895. The conditions of the bond, among other things, recite that: "Whereas, the said bank of Harrisonville, the principal herein, on the first day of May, A. D. 1893, it being the first day of the regular May term of the county court of said Cass county, having bid the largest amount for the privilege of being the depositary of the funds of said county for the term of two years, said term beginning on the first day of May, 1893, and ending on the first Monday of May, A. D. 1895, at and for the rate of interest on deposit as follows: 3.82 per cent. on all funds in their possession and belonging to the said county, said 3.82 per cent. being the annual interest computed and paid as follows: Monthly, at the end of each month, in accordance with the amount of deposits kept in said bank during said month, computed upon daily balances, the same as was thereupon adjudged to said bank as depositary aforesaid: Now, therefore, if the said Bank of Harrisonville shall faithfully perform all the duties and obligations devolving by law upon it as such depositary, and for the payment upon presentation of all checks drawn upon said depositary by the county treasurer and township trustees and ex officio treasurers of the various townships of the said county of Cass, whenever any funds shall be in said depositary applicable to the payment thereof: and provided further, that said depositary shall provide for the payment at the county seat of Cass county all checks so drawn on the funds of said county by said county treasurer, township trustees, and ex officio treasurers of the various townships as aforesaid so long as the fund of said county shall be in the possession of said depositary subject to such checks, and shall faithfully and safely keep and account for all funds deposited with said Bank of Harrisonville, according to law, and shall make monthly settlements and payments with said county of interest due upon the deposits therein, as provided by law, according to the contract price herein above set out, — then this obligation to be null and void; otherwise, to remain in full force and effect." The breach of said bond alleged is that defendant at the end of each month from May 1, 1893, to May 6, 1895, failed and neglected to make an accounting to the treasurer and ex officio collector of said county, and to pay interest due on certain deposits in said bank so placed and deposited there by the various trustees of the different townships of said county, and of the school taxes of the various school districts and townships so deposited in said bank at various and divers times and in various and divers amounts on each and every month from and including May, 1893, to May 6, 1895. No failure of the defendant to pay over money or interest on any deposits made by...