Looney v. Hughes
New York Supreme Court
MOTION on the part of the plaintiff for judgment upon a verdict taken subject to the opinion of the court. The action was tried at the Erie circuit, before Justice Gray and a jury. It appeared on the trial, that in 1855 one Osborn Jewell was collector of the town of Lancaster, Erie county.
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MOTION on the part of the plaintiff for judgment upon a verdict taken subject to the opinion of the court. The action was tried at the Erie circuit, before Justice Gray and a jury. It appeared on the trial, that in 1855 one Osborn Jewell was collector of the town of Lancaster, Erie county. That on the 30th day of November, 1855, he, together with the defendants as his sureties, executed to the supervisor of said town a bond bearing date the 27th day of November, 1855, in the penal sum of $13,122.20, reciting that said Jewell had been duly chosen such collector, and conditioned that he should…
1Opinion of the CourtDavis, J.
The bond executed by the collector Jewell and the defendants, is in conformity to the requirements of the statute. (1 R. S. 346, § 19.) Its condition is, that Jewell shall well and faithfully execute his duties as such collector. These “ duties ” relate solely to the public, and not to the manner of executing his office in those respects in which it relates to or affects the rights or property of individuals. They are defined and declared by statute with great care and exactitude. “Every collector shall within one week after the time mentioned in his warrant for paying the moneys directed to…
2Cases cited13 opinions
- United States v. KirkpatrickSupreme Court of the United States · 1824
- People v. CookNew York Supreme Court · 1852
- People v. AllenNew York Supreme Court · 1831
- Pond v. NegusMassachusetts Supreme Judicial Court · 1807
- Seymour & Bouck v. Van SlyckNew York Supreme Court · 1832
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3Cited by6 opinions
- People Ex Rel. Nash v. . FaulknerNew York Court of Appeals · 1887
- In re TaylorNew York Supreme Court · 1890
- State v. ScheperSupreme Court of South Carolina · 1891
- State v. SmithSupreme Court of Florida · 1877
- Victory v. BloodNew York Supreme Court · 1881
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