People Ex Rel. Nash v. . Faulkner
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme-Court in the fifth judicial department, entered upon an order-made the first Tuesday of January, 1886, which affirmed a judgment in favor of plaintiff, entered upon a decision of the court on trial without a jury. (Reported below, 38 Hun, 607.) This action was brought upon the official bond of a county judge and surrogate.
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Appeal from judgment of the General Term of the Supreme-Court in the fifth judicial department, entered upon an order-made the first Tuesday of January, 1886, which affirmed a judgment in favor of plaintiff, entered upon a decision of the court on trial without a jury. (Reported below, 38 Hun, 607.) This action was brought upon the official bond of a county judge and surrogate. Samuel D. Faulkner was county judge and surrogate of Livingston county, from the 1st day of January, 1872, until the 9th day of August, 1878, when he died intestate. The ■defendants, James Faulkner and Henry J.…
1Opinion of the CourtEarl, J.
The finding that James J. Cone was a banker in good standing and credit, and that Samuel , D. Faulkner, surrogate, deposited the two sums of money in his bank in good faith and without negligence, required a dismissal of the complaint and a judgment in favor of the defendants.
At common law a public officer is bound to exercise good faith and reasonable skill and diligence in the discharge of his official duties, and he is not responsible for any loss of money which came to his official custody occurring without fault on his part. But there are various decisions of the federal courts and of…
2Cases cited10 opinions
- Muzzy v. ShattuckCourt for the Trial of Impeachments and Correction of Errors · 1845
- United States v. DashielSupreme Court of the United States · 1866
- Lowry v. Polk CountySupreme Court of Iowa · 1879
- Looney v. . HughesNew York Court of Appeals · 1863
- State ex rel. the Township v. PowellSupreme Court of Missouri · 1878
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3Cited by35 opinions
- Officer v. OfficerSupreme Court of Iowa · 1903
- Tillinghast v. . MerrillNew York Court of Appeals · 1896
- Bruen v. . GilletNew York Court of Appeals · 1889
- In re the Estate of KrugerNew York Surrogate's Court · 1931
- Fairchild v. HedgesWashington Supreme Court · 1896
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