Tillinghast v. . Merrill
New York Court of Appeals
Appeal from a judgment of the General Term of the Supreme Court in the fourth judicial department, entered May 31, 1894, which affirmed a judgment in favor of plaintiff entered upon a decision of the court on trial at Circuit without a jury. The nature of the action and the facts, so so far as material, are stated in the opinion.
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Appeal from a judgment of the General Term of the Supreme Court in the fourth judicial department, entered May 31, 1894, which affirmed a judgment in favor of plaintiff entered upon a decision of the court on trial at Circuit without a jury. The nature of the action and the facts, so so far as material, are stated in the opinion. The defendant Merrill was liable only as a bailee for ordinary care and prudence, and the plaintiff was not entitled to a recovery without establishing negligence or bad faith. (Lane v. Cotton, 1 Ld. Raym. 646; Whitfield v. Le Despencier, Cowp. 744; Supervisors v.…
1Opinion of the CourtBartlett, J.
The defendant Merrill, while supervisor of the town of Stockbridge, in the county of Madison, deposited with a firm of private bankers to his credit, as supervisor, certain of the public moneys in his hands; the banking firm after-wards failed and the money was totally lost. This action was brought by the county treasurer to recover the money of Merrill and his bondsmen, upon the theory that Merrill on receiving the money became the debtor of the county, and that the deposit of the same was at his own risk.
The trial judge found that Merrill acted in good faith and without negligence in all…
2Cases cited13 opinions
- Boyden v. United StatesSupreme Court of the United States · 1872
- Muzzy v. ShattuckCourt for the Trial of Impeachments and Correction of Errors · 1845
- Perley v. County of MuskegonMichigan Supreme Court · 1875
- Halbert v. State ex rel. Board of CommissionersIndiana Supreme Court · 1864
- United States v. DashielSupreme Court of the United States · 1866
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3Cited by43 opinions
- Chittenden v. . WursterNew York Court of Appeals · 1897
- Wiley v. City of SpartaSupreme Court of Georgia · 1922
- Lamb v. DartSupreme Court of Georgia · 1899
- Kagy v. Independent DistrictSupreme Court of Iowa · 1902
- Town of Cameron v. HicksWest Virginia Supreme Court · 1909
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