Town of Pawlet v. Kelley
Supreme Court of Vermont
Debt on Collector’s Bond. Heard on the réport of a referee, exceptions thereto by both parties and plaintiffs motion to recommit, at the March Term, 1897, Rutland County, Tyler, J., presiding.
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Debt on Collector’s Bond. Heard on the réport of a referee, exceptions thereto by both parties and plaintiffs motion to recommit, at the March Term, 1897, Rutland County, Tyler, J., presiding. The court, pro forma, overruled the plaintiffs motion and exceptions and allowed the application of the overpayment upon the taxes of 1893, according to the direction of the collector, and sustained the defendant’s exception and rendered judgment for the defendant, all as matter of law. The principal, and consequently the surety, was discharged by the election of the plaintiff to proceed in the court of…
1Opinion of the Court
Taft, J.(1) The plaintiff town presented its claim against the insolvent estate of Kelley, the defaulting tax collector, and obtained a dividend thereon. The defendant Blakely, one of the sureties, who is defending this suit, insists that the town has thus chosen one of two inconsistent remedies and for that reason it cannot now pursue him as he was thereby discharged, citing Hartland v. Hackett, 57 Vt. 92; White v. White, 68 Vt. 162. There is no question concerning the rule. If a creditor has two remedies, inconsistent with each other, he has his election which to pursue, and if he adopts…
2Cases cited5 opinions
- Pierce, Clark & Co. v. KnightSupreme Court of Vermont · 1859
- Palmer v. PrestonSupreme Court of Vermont · 1872
- Spear v. Town of BraintreeSupreme Court of Vermont · 1852
- Town of Hartland v. HackettSupreme Court of Vermont · 1884
- Town of Tunbridge v. SmithSupreme Court of Vermont · 1876
3Cited by5 opinions
- City of Montpelier v. National Surety Co.Supreme Court of Vermont · 1923
- Wetmore & Morse Granite Co. v. RyleSupreme Court of Vermont · 1919
- Corey v. BoyntonSupreme Court of Vermont · 1909
- Lake County v. NeilonOregon Supreme Court · 1903
- Firestone Tire Rubber Co. v. Hart TrusteeSupreme Court of Vermont · 1932