State ex rel. Buchanan County v. Smith
Supreme Court of Missouri
Error to Buchanan Court of Common Pleas. This was an action upon the official bond of Joseph B. Smith, as collector of Buchanan county, Missouri, for the two years commencing September 1st, 1854, and ending September 1,1856. The bond was dated August 16,1854, and contains the condition required by statute in such case.
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Error to Buchanan Court of Common Pleas. This was an action upon the official bond of Joseph B. Smith, as collector of Buchanan county, Missouri, for the two years commencing September 1st, 1854, and ending September 1,1856. The bond was dated August 16,1854, and contains the condition required by statute in such case. The breaches assigned are that said Smith, as collector, collected of the revenue of said county for the two years following the 1st of September, 1854, $9367.08 more than he paid into the treasury of the county or otherwise accounted for ; that during said two years he…
1Opinion of the CourtScott, Judge
It docs not appear very clearly that the doctrine in relation to the application of payments when two sets of sureties are concerned has any bearing on this case. If the collector, at the time he made the payments gave directions, as tó the manner in which they were to be applied, those directions will prevail unless the county treasurer was aware that the moneys received ought not to have been applied as directed. It would not be just that a party should receive money and knowingly apply it to a purpose which would operate as a wrong to others. If a collector of the revenue meets his…
2Cases cited3 opinions
- United States v. KirkpatrickSupreme Court of the United States · 1824
- Seymour & Bouck v. Van SlyckNew York Supreme Court · 1832
- Nolley v. Callaway County CourtSupreme Court of Missouri · 1848
3Cited by13 opinions
- Henry County v. SalmonSupreme Court of Missouri · 1907
- Sturtevant Co. v. Fidelity & Deposit Co.Washington Supreme Court · 1916
- First Nat. Bank v. National Surety Co.Court of Appeals for the Sixth Circuit · 1904
- State ex rel. Scotland County v. EwingSupreme Court of Missouri · 1893
- American Bonding & Trust Co. v. Milwaukee Harvester Co.Court of Appeals of Maryland · 1900
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