Shepherd v. Hall
Supreme Judicial Court of Maine
On report. An action on an officer’s receipt. The material facts are stated in the opinion. cited: Hunter v. JPeales, 74 Maine, 367; Moulton v. Ghapin, 28 Maine, 505. cited: R. S., c. 81, § 67 : Humphrey v. Gobb, 22 Maine, 380; Norris v. Bridgham, 14 Maine, 429 ; Sawyer v. Mason, 19 Maine, 49 ; Bradbury v. Taylor, 8 Maine, 130.
1Opinion of the CourtPeters, C. J.
This is an action by an ex-shei’iff upon an accountable receipt given for property which he attached. An execution, issued in the suit in which the attachment was made, was delivered to the plaintiff’s successor in office within thirty days after judgment was recovered, and he made a demand on the receiptors, but no demand is shown to have been made on the present plaintiff within the thirty days.
The liability of a receiptor is contingent. Unless the officer is liable to either the creditor or the debtor for the production of the property attached, the receiptor is not liable to the officer.…
2Cases cited1 opinion
- Moore v. FargoMassachusetts Supreme Judicial Court · 1873
3Cited by4 opinions
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- Stannard v. TillotsonSupreme Court of Vermont · 1914