The Board of Supervisors of the County of Monroe, Respondent v. William Otis, Appellants

Summary

The Court of Appeals reversed the lower court's judgment and remanded for a new trial, holding that sureties on an official bond are not discharged by the board of supervisors' negligence or laches, that the county cannot recover the treasurer's state‑tax commissions, and that the referee's judgment must be set aside unless the plaintiffs stipulate a reduction of the recovery. The decision rests on the principle that only a breach of the bond's explicit conditions can forfeit the sureties' liability.