Town of St. Albans v. Failey
Supreme Court of Vermont
Debt on tax collector’s bond. The defendant Brainard pleaded non est faclum, and gave notice of special matter in defence. Trial by jury, April term, 1878, Ross, J., presiding.
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Debt on tax collector’s bond. The defendant Brainard pleaded non est faclum, and gave notice of special matter in defence. Trial by jury, April term, 1878, Ross, J., presiding. The court decided that the plaintiff was entitled to recover the amount of the taxes for 1868, placed in the hands of the defendant Thomas Failey, for collection, except the abatements and collection fees, and the amount paid to the town treasurer and receipted on the tax-book of 1868, and the amount of uncollected taxes for that year which wore passed into the hands of Weeks, Failey’s successor, by the direction of…
1Opinion of the Court
The opinion of the court was delivered by
Redfield, J.
This action is upon the collector’s bond of defendant Eailey, and others as his sureties, and the alleged breach is the not collecting and paying over to the town treasurer the several sums specified in the rate-bills of the year 1868. Eailey was the collector of taxes, duly elected, for the years 1868,1869, and 1870. The tax-bills for the latter year were never put into the hands of said Eailey. On the 19th of September, 1870,Failey having neglected to pay the state tax assessed on the list of 1869, the town of St. Albans paid said tax to…
2Cases cited2 opinions
- Pierce, Clark & Co. v. KnightSupreme Court of Vermont · 1859
- Morgan v. TarbellSupreme Court of Vermont · 1856
3Cited by2 opinions
- Atkins v. AtkinsSupreme Court of Vermont · 1899
- Dewey v. KeltonDistrict Court, D. Vermont · 1878