Prather v. Johnson
Court of Appeals of Maryland
Error to Prince-George/s County Court. This was an action of assumpsit, brought on the Sd of August 1796, for money laid out and expended.
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Error to Prince-George/s County Court. This was an action of assumpsit, brought on the Sd of August 1796, for money laid out and expended. The defendant (now plaintkF in error,) pleaded non assmapsit, and non assumpsit in fra Ires annas. 1. At the trial the plaintiffs, (the defendants in error,) proved that Thomas iVilliams, deceased, was collector of the public taxes for Prince-George’s county for the years 1780, 1781 ánd Í782; and that the defendant was indebted for taxes and public dues for the years 1781 and 1782, the different sums of money stated to be due from him in thé atcourit…
1Opinion of the Court
Johnson, J,
The sureties of Williams were compelled as such, to pay the money due from him to the state, and for their reimbursement the acts of assembly authorised them to bring such suits as Williams might — now Williams could have brought a suit, and recovered on the proof of the taxes having been due, and that they were paid by him do the state. The securities then can do the same; and it is of no moment whether they all together paid, or one of them paid, or the collector paid, for by substitution they stood in his place.
If A as surety for B, pays a debt due to C, on the proof of the…
2Cited by2 opinions
- Gibblehouse v. StongSupreme Court of Pennsylvania · 1832
- Billingsley v. StateCourt of Appeals of Maryland · 1859