Crutchfield v. Wood
Supreme Court of Alabama
Error to the Circuit Court of Benton. Tried before the Hon. J. J. Woodward. Tins was an action of assumpsit by the plaintiff against the defendant-in error to recover from him a sum of money, which the defendant, as tax collector of Benton county, had in the years 1846 and 1847, collected from him, without authority of law.
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Error to the Circuit Court of Benton. Tried before the Hon. J. J. Woodward. Tins was an action of assumpsit by the plaintiff against the defendant-in error to recover from him a sum of money, which the defendant, as tax collector of Benton county, had in the years 1846 and 1847, collected from him, without authority of law. By the bill of exceptions it appears, that the plaintiff was a non-resident, owning slaves in this State, and that the defendant collected as a tax upon these slaves an excess of ¡313 25 in 1846, and of $42 45 in 1847, over and above the legal assessment. It appears…
1Opinion of the CourtDargan, C. J.
The rule of law is too well settled to admit of controversy, that if an agent receive money to which his principal is not entitled, yet if the agent pays it over before demand is made, or notice given to him not to pay it to his principal, such payment will discharge the agent from all liability. — Norsworthy v. Upchurch, 15 Ala. Rep. 705; Thompson v. Stickney, 6 Ala. Rep. 579; 7 Johns. 179; 7 Cowen, 475; Story on Ag. § 301, and cases there cited. Nor is the rule varied because the defendant is a public officer, for although money illegally obtained by public officers under color of law may…
2Cases cited3 opinions
- Hearsey v. PruynNew York Supreme Court · 1810
- Upchurch v. NorsworthySupreme Court of Alabama · 1849
- Thompson v. StickneySupreme Court of Alabama · 1844
3Cited by8 opinions
- Town Council of Cahaba v. BurnettSupreme Court of Alabama · 1859
- Silsbee v. StockleMichigan Supreme Court · 1880
- Ross v. County Board of EducationCourt of Appeals of Kentucky · 1922
- Ray v. WoodruffCourt of Appeals of Kentucky · 1916
- W. Va. Transportation Co. v. SweetzerWest Virginia Supreme Court · 1885
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