Larned v. Allen
Massachusetts Supreme Judicial Court
This was an action of debt upon a bond made to the plaintiff, as sheriff of the county of Berkshire, by the defendants, as sureties for one Root, whom the plaintiff had appointed to be one of his deputies.
Read the full summary
This was an action of debt upon a bond made to the plaintiff, as sheriff of the county of Berkshire, by the defendants, as sureties for one Root, whom the plaintiff had appointed to be one of his deputies. In a case agreed by the parties, the bond was recited, bearing date the 30th of January, 1812, and conditioned, among other things, to indemnify and save harmless the plaintiff, his heirs, &c., from all actions, suits, judgments, and executions, which might be commenced or recovered against him, by reason of any neglect, misfeasance, nonfeasance, or misdoing of the said Root in his said…
1Opinion of the Court
By the Court.
Two questions are made in this case ; whethei the defendants are liable at all within the condition of their bond and, if it all, for how much, as it appears that part only of the money embezzled by Root was actually collected by him during the plaintiff’s sheriffalty.
And we are clearly of opinion, that they are responsible for the whole of the deficiency stated in the case. When the warrants were put into the hands of Root, he was the deputy of the plaintiff; and his power to complete the execution of them continued, by virtue of the plaintiff’s deputation. The successor of the…
2Cited by5 opinions
- Tyree v. WilsonSupreme Court of Virginia · 1852
- McLain v. People ex rel. MooreIllinois Supreme Court · 1877
- White v. DemarySuperior Court of New Hampshire · 1823
- Tyree v. WilsonSupreme Court of Virginia · 1852
- Tyree v. WilsonSupreme Court of Virginia · 1852