FULTON v. BOARD OF EDUCATION, 129 Ohio St. 182 (1935)

194 N.E. 10

FULTON, SUPT. OF BANKS v. BOARD OF EDUCATION OF OTTAWA VILLAGE SCHOOL DISTRICT ET AL.

No. 24857Supreme Court of Ohio.
Decided January 30, 1935.

Supreme Court — Affirmances — Judges equally divided — Banks and banking — Liquidation — Depositary of public funds — Depositary bond signed by bank directors as sureties — Bank funds segregated by remaining directors to indemnify sureties — Sureties insolvent — Board of education entitled to segregated fund.

ERROR to the Court of Appeals of Putnam county.

Mr. John W. Bricker, attorney general, Mr. J. Roth Crabbe an Mr. J.C. Williamson, for plaintiff in error.

Mr. Joseph J. Labadie, prosecuting attorney, for defendants in error.

This cause came on to be heard upon the transcript of the record of the Court of Appeals of Putnam county, and was argued by counsel. On consideration whereof Jones, Matthias and Day, JJ., reach the conclusion that no prejudicial error has intervened and that the judgment of the court below should be affirmed. Weygandt, C.J., Stephenson and Zimmerman, JJ., are of the opinion that the judgment should be reversed. Williams, J., having been a member of the Court of Appeals that heard and decided this case, and whose record is now before this court for consideration, does not participate.

For the foregoing reasons, there not being four judges that have reached a common conclusion, it follows that, there not being a majority of the court in favor of reversal, the judgment of the Court of Appeals stands affirmed.

Judgment affirmed.

JONES, MATTHIAS and DAY, JJ., concur.

WILLIAMS, J., not participating.

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