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TOWN OF THORNTON v. WINTERHOFF

No. 31278.

406 Ill. 113 (1950)

92 N.E.2d 163

THE TOWN OF THORNTON et al., Appellants, v. WILLIAM H. WINTERHOFF et al., Appellees.

Supreme Court of Illinois.

Rehearing denied May 15, 1950.

Attorney(s) appearing for the Case

MacLEISH, SPRAY, PRICE & UNDERWOOD, of Chicago, (ROBERT S. CUSHMAN, and JOSEPH A. DUBBS, of counsel,) for appellants.

O.I. LEWIS, and BURKE, JAMES & BURKE, both of Chicago, (EDMUND W. BURKE, of counsel,) for appellees.

Decree affirmed.

Mr. JUSTICE GUNN delivered the opinion of the court:

This is a suit brought by three taxpayers on behalf of the town of Thornton and the board of auditors of Thornton Township, Illinois, to recover on an official bond for a breach of duty upon the part of the supervisor of Thornton Township and as ex-officio treasurer of the road and bridge fund thereof, in that it is claimed he improperly paid two anticipation warrants in the aggregate...

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