Fowler v. Bishop
Supreme Court of Connecticut
Action of covenant on a sealed receipt, executed to the plaintiff as sheriff by the defendant, jointly and severally with Elisha Tilden and William McNeil, in which they acknowledged the receipt of certain property then attached by the plaintiff as an officer, and covenanted to deliver the same to him on deniand or pay $500, or if demand was not made before judgment recovered, to pay the amount recovered with costs if less than $500, with a provision that the defendants…
Read the full summary
Action of covenant on a sealed receipt, executed to the plaintiff as sheriff by the defendant, jointly and severally with Elisha Tilden and William McNeil, in which they acknowledged the receipt of certain property then attached by the plaintiff as an officer, and covenanted to deliver the same to him on deniand or pay $500, or if demand was not made before judgment recovered, to pay the amount recovered with costs if less than $500, with a provision that the defendants should be estopped from denying that the property described had been attached by the sheriff and that they had received the…
1Opinion of the CourtButler, J.
Officers’ receipts are usually absolute and unconditional in terms, and conclusive in respect to their recitals and admissions, but are, nevertheless, by operation of law contingent. The officer has no personal interest in the property or in the possession of it; he holds it as an officer of the law, aiid as bailee for purposes of law. His right to resume the possession of it, and enforce the promises of the receipt, rests on his liability to the creditor during the existence of the lien, and to the debtor or owner when that lien is dissolved. And when his liability to the creditor ceases by…
2Cases cited3 opinions
- Donaldson v. Wood & WoodCourt for the Trial of Impeachments and Correction of Errors · 1839
- Jones v. GilbertSupreme Court of Connecticut · 1840
- Mead v. DaytonSupreme Court of Connecticut · 1859
3Cited by4 opinions
- Goldberg v. ParkerSupreme Court of Connecticut · 1913
- Boulo v. New Orleans, Mobile & Texas RailroadSupreme Court of Alabama · 1876
- Dayton v. MerrittSupreme Court of Connecticut · 1866
- Stannard v. TillotsonSupreme Court of Vermont · 1914