Walker County v. Fidelity & Deposit Co. of Maryland
Court of Appeals for the Fifth Circuit
In Error to the Circuit Court, of tlie United States for the Northern District of Alabama. * This suit was brought by Walker county, Ala., against the defendant in error, tlie Fidelity & Deposit Company of Maryland, as surety on the official bond oí J. W. Davis, tax collector of said county. A trial was had before a .Jury, which resulted In a verdict and judgment for plaintiff in error in tlie sum of 85,560.25, from which judgment the plaintiff prosecutes this writ.
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In Error to the Circuit Court, of tlie United States for the Northern District of Alabama. * This suit was brought by Walker county, Ala., against the defendant in error, tlie Fidelity & Deposit Company of Maryland, as surety on the official bond oí J. W. Davis, tax collector of said county. A trial was had before a .Jury, which resulted In a verdict and judgment for plaintiff in error in tlie sum of 85,560.25, from which judgment the plaintiff prosecutes this writ. The assignments of error relate only to the refusal of the court to give certain written instructions to the jury asked by the…
1Opinion of the CourtPardee, Circuit Judge
(after stating the facts as above). On general principles, a defaulting tax collector ought not to be entitled to commissions on the amounts he has collected from taxpayers and failed to pay over to the proper authorities. He has not performed the full work for which the commissions were intended to pay, and he is an unfaithful trustee. The sureties on a defaulting tax collector’s bond; who refuse to pay up the defalcation, and compel litigation, ought not to be entitled to credit for the amount of .commissions on any sum the tax collector has collected. The public ought not to be compelled…
2Cases cited10 opinions
- County of Pine v. WillardSupreme Court of Minnesota · 1888
- City of Hartford v. FraneySupreme Court of Connecticut · 1879
- District Township of Fox v. McCordSupreme Court of Iowa · 1880
- Ball v. BallSupreme Court of Louisiana · 1888
- Fidelity & Deposit Co. v. Mobile CountySupreme Court of Alabama · 1899
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3Cited by3 opinions
- County of Platte v. New Amsterdam Casualty Co.District Court, D. Nebraska · 1946
- Fidelity & Deposit Co. of Maryland v. United StatesCourt of Appeals for the Fourth Circuit · 1932
- State ex rel. Winston County v. TingleSupreme Court of Alabama · 1916