Ward v. . Stahl
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the second judicial department, reversing an interlocutory judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term, and granting a new trial- This action was brought upon a bond given by Alexander J. Mcllhargy upon his appointment as collector of the village of Edgewater to plaintiff, the treasurer of that village. The material portion of the bond is set forth in the opinion.
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Appeal from order of the General Term of the Supreme Court, in the second judicial department, reversing an interlocutory judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term, and granting a new trial- This action was brought upon a bond given by Alexander J. Mcllhargy upon his appointment as collector of the village of Edgewater to plaintiff, the treasurer of that village. The material portion of the bond is set forth in the opinion. The court found that the village tax was collected by Mcllhargy and duly accounted for to plaintiff, but that a tax roll…
1Opinion of the CourtMiller, J.
The bond upon which this action is brought
states that the plaintiff has been appointed treasurer of the village of Edgewater, and that he has appointed one Mcllhargy, “ of said village, collector, to collect the taxes to be levied and assessed upon said village,” and contains a condition that if “ Mcllhargy shall well and truly collect the tax which may be delivered to him, and faithfully discharge his duties as such collector and pay over * * * all moneys which he shall receive for taxes as such collector, and render a true and faithful account,” etc., the obligation shall be void.
The…
2Cases cited1 opinion
- Ludlow v. SimondCourt for the Trial of Impeachments and Correction of Errors · 1805
3Cited by16 opinions
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- State v. MooreNebraska Supreme Court · 1898
- Mayor, Etc., of City of N.Y. v. . KellyNew York Court of Appeals · 1885
- DeCamp v. BullardNew York Supreme Court · 1898
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