Legal Opinion

Village of Oneida v. Thompson

New York Supreme Court

Decided December 15, 1895PublishedCited by 3 opinions

Appeal from circuit court, Madison county. Action by the village of Oneida against T. Augustus Thompson, collector, and Thomas W. Angel, surety, impleaded with Elverton 0. Stark, for the collector’s default in paying over money lost through failure of the bank of E. 0. Stark & Co., in which it was deposited. From a judgment for plaintiff, defendants appeal. Affirmed.

1Opinion of the CourtParker, J.

The trial court has found as a fact, in this matter, that the money collected by the defendant Thompson, as collector of the village of Oneida, were deposited to his credit in the banking house of E. C. Stark & Co., and that the balance, for which this action is brought, remained to his credit when such bankers made their assignment. It further finds that such sum has never been paid over to the treasurer of such village, and we are satisfied from the evidence upon that question that such finding should not be disturbed. The question is therefore presented *890■as to what measure of liability…

2Cases cited3 opinions

  1. Muzzy v. ShattuckCourt for the Trial of Impeachments and Correction of Errors · 1845
  2. People Ex Rel. Nash v. . FaulknerNew York Court of Appeals · 1887
  3. Tillinghast v. MerrillNew York Supreme Court · 1894

3Cited by3 opinions

  1. Harrigan v. GilchristWisconsin Supreme Court · 1904
  2. Wiley v. City of SpartaSupreme Court of Georgia · 1922
  3. In re the Estate of HarrisNew York Surrogate's Court · 1937

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