Harrison v. Phillips
Supreme Court of Missouri
Appeal from, St. Louis Circuit Court. Edward W. Stands was duly appointed and qualified as collector of tbe State and county revenue within and for the county of St. Louis, in the State of Missouri, for the year 1860, and until his successor should be duly appointed and qualified. The said Shands filed his official bond for $500,000, dated February 23, 1860, wherein said Shands was principal.
Read the full summary
Appeal from, St. Louis Circuit Court. Edward W. Stands was duly appointed and qualified as collector of tbe State and county revenue within and for the county of St. Louis, in the State of Missouri, for the year 1860, and until his successor should be duly appointed and qualified. The said Shands filed his official bond for $500,000, dated February 23, 1860, wherein said Shands was principal. The bond was conditioned for his faithful discharge of his duties as collector, and paying over to the State and county aforesaid all money collected. Shands, while acting as collector and holding said…
1Opinion of the CourtBliss, Judge
The right of the plaintiff to a proportionate share of the money recovered by the defendant depends entirely upon the relation held to it by the State. If it had become the property of the State and not before credited to Shands, or if the State had any specific claim to or lien upon it, as security for his debt, then the sureties of Shands, by the payment of his defalcation, became subrogated to the rights of the State; they are each entitled to a share of the fund, and the defendant has collected what belongs to them all. (W. & T. Lead. Cas. 3d Am. ed., 144-6, notes and cases cited; Furnold…
2Cases cited4 opinions
- Furnold v. Bank of the StateSupreme Court of Missouri · 1869
- Bruce v. VogelSupreme Court of Missouri · 1866
- Gould v. GouldNew York Supreme Court · 1828
- Pearson v. ParkerSuperior Court of New Hampshire · 1826
3Cited by8 opinions
- Northern Trust Co. v. Consolidated Elevator Co.Supreme Court of Minnesota · 1919
- Long v. MasonSupreme Court of Missouri · 1918
- Rubey v. WatsonMissouri Court of Appeals · 1886
- Campau v. Detroit Driving ClubMichigan Supreme Court · 1904
- Urbahn v. MartinCourt of Appeals of Texas · 1898
3 more not listed; retrieve them via the Exa API.