Township of Hart v. County of Oceana

The county brought this action of assmrvpsit on the common counts to recover of the township the amount of certain taxes, which the treasurer of the township collected for the county on the assessment roll, and subsequently embezzled. The court sat without a jury, and after making a special finding of facts awarded judgment thereon in favor of the county, and the township alleges error.

By the principles of the common law the township in its corporate capacity could not be subjected to liability to the county for the result of the township treasurer’s misdoing. The general relation between the…