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COMMISSIONERS OF LEONARDTOWN v. FID. & CAS. CO.

[No. 94, September Term, 1970.]

259 Md. 532 (1970)

270 A.2d 788

THE COMMISSIONERS OF LEONARDTOWN v. THE FIDELITY AND CASUALTY COMPANY OF NEW YORK

Court of Appeals of Maryland.

Decided November 12, 1970.

Attorney(s) appearing for the Case

W. Hamilton Whiteford and Robert M. Wright, with whom were Whiteford, Taylor, Preston, Trimble & Johnston on the brief, for appellant.

J. Roy Thompson, Jr., with whom was John Jude O'Donnell on the brief, for appellee.

The cause was argued before HAMMOND, C.J., and BARNES, FINAN, SINGLEY and DIGGES, JJ.

SINGLEY, J., delivered the opinion of the Court.

From August 1948 until June 1964 William M. Loker, Jr., served as Clerk and Treasurer for The Commissioners of Leonardtown (the Commissioners or the Town) in St. Mary's County. During this period, Loker converted to his own use funds belonging to the Town in an amount of some $100,000. His conviction on charges of embezzlement and larceny was affirmed by the Court of Special Appeals, Loker v. State,

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