Legal Opinion

State ex rel. Travellers Insurance v. Harris

Indiana Supreme Court

Decided May 15, 1883No. 8606PublishedCited by 18 opinions

Erom the Newton Circuit Court.

1Opinion of the CourtElliott, J.

The controlling question in this case is, can a mortgagee maintain an action on the official bond of a county treasurer for the failure of that officer to make taxes assessed against the mortgagor out of personal property owned and held' by him within the county ?

The failure of the treasurer to levy on personal property does work some injury to the mortgagee, for it adds to the burdens borne by the mortgaged land, and thus lessens the value of the security; but, while this is true, it is also true that the injury is indirect and remote. It is not enough in any case for a plaintiff, who seeks…

2Cases cited13 opinions

  1. Savings Bank v. WardSupreme Court of the United States · 1880
  2. Loop v. . LitchfieldNew York Court of Appeals · 1870
  3. Gardner v. HearttNew York Supreme Court · 1846
  4. The Mayor, C. of Albany v. . CunliffNew York Court of Appeals · 1849
  5. Raynsford v. PhelpsMichigan Supreme Court · 1880

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3Cited by18 opinions

  1. Indianapolis, Peru & Chicago Railway Co. v. PitzerIndiana Supreme Court · 1886
  2. Daugherty v. HerzogIndiana Supreme Court · 1896
  3. Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. StewartIndiana Court of Appeals · 1900
  4. Miller v. Jackson TownshipIndiana Supreme Court · 1912
  5. State ex rel. Mills v. American Surety Co.Idaho Supreme Court · 1914

13 more not listed; retrieve them via the Exa API.

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