County Treasurer v. People

1 Citing case

  1. Fidelity Guaranty Co. v. Anderson

    264 P. 1030 (Wyo. 1928)   Cited 6 times

    182 S.W. 655; second, sell warrants and apply the proceeds upon the amount of her deposit, collecting the balance from the Surety Company, Secs. 2954-2959 C.S.; or, third, realize the full amount of her deposit from the bond, 32 Cyc. 97-99. The Guaranty Company was surety for the entire debt; the Guaranty Company has paid the full debt for which it was surety, and having done so, is subrogated to the security remaining in the hands of the creditor, Board v. Co., (La.) 66 So. 748; Casualty Co. v. Fouts, 11 F.2d 71; Insurance Co. v. Guaranty Co., 99 N.Y.S. 833. The provisions of the statute must be read in the agreement, 18 C.J. 59; Reed v. People, (Wyo.) 242 P. 319; 9 C.J. 34; the provisions of the Depository Act are mandatory, Surety Co. v. Morris, (Wyo.) 241 P. 1063; Black Yates v. Lumber Co., (Wyo.) 231 P. 398; and must be read into bonds executed thereunder, Surety Co. v. Board, (Ind.) 117 N.E. 860; Davis v. Bank, (La.) 99 So. 207; Davis v. Bank, (La.) 99 So. 210; Gregg v. Hinkle, (N. Mex.) 224 P. 1025. When a statute provides a duty and a contract is made pursuant thereto, the statute becomes a part of the contract, Guilford Co. v. Halladay, (N.C.) 100 S.E. 597; N.P.R. Co. v. Wall, 241 U.S. 523; Bank v. Bank, 43 S.Ct. 651; People v. Surety Co., 211 N.Y. 107, 105 N.E. 99; Greek-American Co. v. Co., (Ala.) 58 So. 994. Whatever is included in the depository agreement, not required by law, must be read out of it; and whatever is not expressed but ought to have been incorporated, must be read as if inserted into it, Macready v. Schenck, 6 So. 517; Gill v. Paysee, (Nev.) 226 P. 302; State v. Nutter, (W.Va.) 30 S.E. 67; Crawford v. Co., (Ark.) 13