Stearnes v. Edmonds
Supreme Court of Alabama
Appeal from Marshall Circuit Court. Heard before Hon. W. W. Hakalson. Action by Mat Edmonds against J. B. Stearnes and others, sureties on.his bond as Deputy Tax Collector. Judgment for plaintiff, and defendants appeal. The complaint is as follows: Plaintiff claims of defendants $5,000 as damages for the. breach of the condition of a bond made by defendants to one J. F. Price, now dead and not sued, on October 6, 1905, in the said sum of $5,000, with condition.
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Appeal from Marshall Circuit Court. Heard before Hon. W. W. Hakalson. Action by Mat Edmonds against J. B. Stearnes and others, sureties on.his bond as Deputy Tax Collector. Judgment for plaintiff, and defendants appeal. The complaint is as follows: Plaintiff claims of defendants $5,000 as damages for the. breach of the condition of a bond made by defendants to one J. F. Price, now dead and not sued, on October 6, 1905, in the said sum of $5,000, with condition. The condition of the above obligation is such that, whereas the above-bound J. B. Stearnes was on August 1, 1905, appointed deputy…
1Opinion of the CourtSomerville, J.
One who is appointed deputy tax collector, and in that capacity “undertakes to collect the taxes,” is not liable to his principal for his *491failure to collect all the taxes, unless his failure is due to some fault of willfulness or negligence in the discharge of his duties. He is not, in the absence of an agreement to be thus bound, a guarantor of success. Hence, in an action on such deputy collector’s bond against the deputy and his sureties, the bond being conditioned upon the faithful discharge of the duties of the office, an assignment of breach that such deputy “failed to collect all of…
2Cases cited3 opinions
- Watt's Ex'rs. v. SheppardSupreme Court of Alabama · 1841
- Morrisette v. WoodSupreme Court of Alabama · 1900
- Dunn v. DavisSupreme Court of Alabama · 1860
3Cited by10 opinions
- Catts v. PhillipsSupreme Court of Alabama · 1928
- Shirley v. Southern Ry. Co.Supreme Court of Alabama · 1916
- National Surety Co. v. Citizens' Light, Heat & Power Co.Supreme Court of Alabama · 1918
- County of Platte v. New Amsterdam Casualty Co.District Court, D. Nebraska · 1946
- Montgomery Light & Traction Co. v. HarrisSupreme Court of Alabama · 1916
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