Title 10, Chapter 6, Section 101
( 10-6-101)
Failure of any such agent to pay over moneys in accordance with
lawful instructions or agreement shall entitle the third party to
whom payment should have been made to restitution of moneys
entrusted and not so paid over from such posted bond to the extent
of the amount thereof; provided, however, that no payment on bond
made in accordance with this article shall relieve any agent of any
civil liability to the patron for sums misappropriated or not
properly paid over or of any criminal liability for fraud, theft,
conversion, breach of fiduciary duty, or other offense. |