Sheppard v. State ex rel. Weisel
Court of Appeals of Maryland
Appeal from Washington county court. This was an action of debt, brought on the 19th November 1843, on the bond of the appellant and others, dated 16th May 1840, conditioned for the performance of the office of collector of Washington county, and the several duties required of him by law.
Read the full summary
Appeal from Washington county court. This was an action of debt, brought on the 19th November 1843, on the bond of the appellant and others, dated 16th May 1840, conditioned for the performance of the office of collector of Washington county, and the several duties required of him by law. The plaintiff filed a list of claims and statement of facts, viz: List of claims against Christian Sheppard,, late Collector of Taxes of Washington county, in the hands of Daniel Weisel, as attorney for Collection, viz: 1. — O. H. Williams’ order in favor of Geo. Updegrajf, for one day’s attendance, as a…
1Opinion of the CourtArcher, C. J.
Upon the case stated, there can be no doubt of the right of the plaintiff to recover, so far as regards any claimant who held the original levy. His rights would be within the very terms of the bond.
Such of the claimants as held due bills, will also be entitled to a judgment. They obtained equitable assignments of the *298orders The due bills were promises to pay to them the amount of such assignments, and they might maintain an action in their own names on the bond, or use the names of their assignors.
Some of these claimants, however, obtained drafts on the collector. These drafts, except,…
2Cases cited1 opinion
- Harrison v. WilliamsonNew York Court of Chancery · 1835
3Cited by1 opinion
- Summers v. FreishtatCourt of Appeals of Maryland · 1975