Humboldt Savings & Loan Society v. Wennerhold

Works, J., dissenting.

I dissent.

In my opinion the judgment should have been for the defendants. None of the moneys received and misappropriated by Hartmann were received by him as secretary, nor were they in any way covered by the terms of the bond of the defendants. To hold them liable for any part of these moneys is to render the defendants liable beyond the plain terms of their contract.

Beatty, O. J.—I concur in the above.

Rehearing denied.