Sweetser v. Hay
Massachusetts Supreme Judicial Court
Action of contract on a bond executed on the 1st of September 1848, by Hay as principal, and the other defendants as sureties, to the plaintiffs, selectmen of the town of Stoneham for 1848, “ or their successors in said office,” in the sum of $10,000, the condition of which was, that Hay, who had been chosen collector of public taxes and treasurer of the town in March 1848, should collect and pay to the county treasurer the sums mentioned in the tax list and warrant received…
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Action of contract on a bond executed on the 1st of September 1848, by Hay as principal, and the other defendants as sureties, to the plaintiffs, selectmen of the town of Stoneham for 1848, “ or their successors in said office,” in the sum of $10,000, the condition of which was, that Hay, who had been chosen collector of public taxes and treasurer of the town in March 1848, should collect and pay to the county treasurer the sums mentioned in the tax list and warrant received by him of the assessors; and pay to the order of the selectmen all such other sums of money as should come into his…
1Opinion of the CourtMetcalf, J.
It has been decided that the successors in office of these obligees cannot maintain an action on this bond. Stevens v. Hay, 6 Cush. 229. A question, which was then left open, is now raised; to wit, whether an action can be maintained on it by the obligees themselves. It is argued for the defendants, that the bond is void, because no law requires or authorizes a bond to be given to selectmen by a town treasurer, or a collector of taxes; the Rev. Sts. c. 15, requiring such treasurer and collector to give bond to the town. On the other hand, it is insisted for the plaintiffs, that the bond,…
2Cases cited6 opinions
- Morse v. HodsdonMassachusetts Supreme Judicial Court · 1809
- Inhabitants of Montville v. HaughtonSupreme Court of Connecticut · 1829
- Freeman v. DavisMassachusetts Supreme Judicial Court · 1810
- Commonwealth v. WolbertSupreme Court of Pennsylvania · 1814
- Claasen v. ShawSupreme Court of Pennsylvania · 1836
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