Legal Opinion

Inhabitants of Egremont v. Benjamin

Massachusetts Supreme Judicial Court

Decided July 17, 1878PublishedCited by 8 opinions

Contbact on a bond, for $10,000, signed by the first named defendant as principal, and the others as sureties, dated March 29,1875, and containing the following condition : “ The condition of this obligation is such that whereas the said Joseph A. Benjamin has been chosen treasurer and collector of taxes for said town of Egremont for the current year, and accepted said offices, and been duly sworn to the faithful discharge of the duties thereof respectively; now if the said…

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Contbact on a bond, for $10,000, signed by the first named defendant as principal, and the others as sureties, dated March 29,1875, and containing the following condition : “ The condition of this obligation is such that whereas the said Joseph A. Benjamin has been chosen treasurer and collector of taxes for said town of Egremont for the current year, and accepted said offices, and been duly sworn to the faithful discharge of the duties thereof respectively; now if the said Joseph A. Benjamin shall, as treasurer and collector as aforesaid, faithfully collect; account for and pay over all the…

1Opinion of the CourtSoule, J.

The sureties on the bond of an officer, which recites that he has been chosen “ for the current year,” with condition merely that he “ shall faithfully collect, account for and pay over all the taxes he shall be legally required to collect, and also faithfully discharge all other legal duties of said offices,” are not liable for any failure of duty which occurred during a term of office previous to that for which the bond is given, nor for any default or misfeasance in any subsequent term for which the principal may be elected. Lexington West Cambridge Railroad v. Elwell, 8 Allen, 371.…

2Cases cited2 opinions

  1. Toombs v. StoneCourt of Appeals of Kentucky · 1859
  2. Hatch v. Inhabitants of AttleboroughMassachusetts Supreme Judicial Court · 1867

3Cited by8 opinions

  1. Inhabitants of Hudson v. MilesMassachusetts Supreme Judicial Court · 1904
  2. City of Newburyport v. SpearMassachusetts Supreme Judicial Court · 1910
  3. Marx v. ParkerWashington Supreme Court · 1894
  4. Eliot Savings Bank v. Aetna Casualty & Surety Co.Massachusetts Supreme Judicial Court · 1941
  5. Sooy v. StateSupreme Court of New Jersey · 1879

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