Laurenson v. State ex rel. Levy Court
Court of Appeals of Maryland
Appeal from Baltimore County'Court. This was an action ■of debt on a collector’s bond, executed to the state on the 18th of December 1819, by Charles Keenan, Hugh Sweeny, Philip Laurenson, the defendant, (now appellant,) and Neal M‘Fadon, recitingthat Aceñero had been appointed by the levy court for Baltimore county, collector of the county rate or assessment for the year 1819, imposed by the said court on all the property in that part of the city of Baltimore, comprising…
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Appeal from Baltimore County'Court. This was an action ■of debt on a collector’s bond, executed to the state on the 18th of December 1819, by Charles Keenan, Hugh Sweeny, Philip Laurenson, the defendant, (now appellant,) and Neal M‘Fadon, recitingthat Aceñero had been appointed by the levy court for Baltimore county, collector of the county rate or assessment for the year 1819, imposed by the said court on all the property in that part of the city of Baltimore, comprising the 1st, 10th, and 11th wards of the said city, and conditioned, “that if the above bound Charles Keenan shall faithfully…
1Opinion of the CourtMartin, J.
The defence in this case cannot be sustained. It would be contrary to every principle of law to allow a man to avail himself of his own wrong, and plead a breach of duty as an excuse for a gross fraud upon the public.
Keenan being regularly appointed collector under the act of 1794, ch. 53, having given bond, with security, for the faithful performance of his duty, and received from the levy court the necessary books to make his collection, will be presumed to have taken the oath prescribed by law, asa prerequisite to the performance of his official duties. It cannot be for him to say, a suit…
2Cited by1 opinion
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