Pittsburg v. Danforth
Supreme Court of New Hampshire
From Cobs Circuit Court.- Debt upon a collector’s bond. Trial in the circuit court, and transferred by Ladd, J. The facts of the case sufficiently appear in the opinion by Foster, C. J., C. C. Dudley (witli -whom was Cr.
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From Cobs Circuit Court.- Debt upon a collector’s bond. Trial in the circuit court, and transferred by Ladd, J. The facts of the case sufficiently appear in the opinion by Foster, C. J., C. C. Dudley (witli -whom was Cr. A. Bingham), for the plaintiffs, cited and commented upon the cases of Johnston v. Wilson, 2 N. H. 202; Bath v. Haverhill, ibid. 555 ; Faxton v. Faxton, 28 Mich.--; and Hagar v. Cleaveland, 86 Md. 476. in support of their views upon the first question involved in the case, cited and commented upon Fozcroft v. Nevens, 4 Greenl. 72; Colby v. Bussell, 3 Greenl. 227; Chase v.…
1Concurrence
The plaintiffs claim that the defendant — Danforth — being one of the selectmen of the town, was bound to see that, as collector, he had a valid list and warrant, and is therefore estopped to deny it.
No legal warrant was directed to him under the hands of the selectmen, and committed to him with the list, as required by Gen. Stats., ch. 53, sec. 8. Consequently he had no power to enforce the collection of the list, nor could he have justified, if sued in trespass for distraining property, or for making an arrest for non-payment of the taxes assessed. Those who paid must have done so…
2Cases cited2 opinions
- Stevens v. DennettSupreme Court of New Hampshire · 1872
- Moore v. BowmanSupreme Court of New Hampshire · 1867