Esty v. Chandler
Massachusetts Supreme Judicial Court
This was an action of the case against the defendant, sheriff of the county of Kennebeck, in which the plaintiffs allege that, having recovered a judgment against one Russell Freeman, and sued out their execution thereon, they delivered the same to one Samuel Lovejoy, a deputy of the defendant; and that the said deputy, on the first day of September, 1808, received of the judgment debtor the amount due by the execution, which the plaintiffs, on the first day of November…
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This was an action of the case against the defendant, sheriff of the county of Kennebeck, in which the plaintiffs allege that, having recovered a judgment against one Russell Freeman, and sued out their execution thereon, they delivered the same to one Samuel Lovejoy, a deputy of the defendant; and that the said deputy, on the first day of September, 1808, received of the judgment debtor the amount due by the execution, which the plaintiffs, on the first day of November following, demanded of the deputy. The plaintiffs then allege that the defendant has become liable to pay to them the same…
1Opinion of the Court
The action stood over for advisement to this term, when the opinion of the Court was delivered by
Parsons, C. J.
In this case it is admitted by the sheriff, that he is answerable for the default of his deputy, to the amount of the money collected, and six per cent, interest thereon, from the time of the refusal to pay the same over, as the legal measure of damages ; but he denies that he is answerable for fourfold interest, that being a penalty imposed on the deputy for his personal default.
The statute provides, that if a sheriff or his deputy shall refuse to pay over the money collected on an…
2Cited by7 opinions
- Draper v. ArnoldMassachusetts Supreme Judicial Court · 1815
- Murchison National Bank v. Dunn Oil Mills Co.Supreme Court of North Carolina · 1909
- Opinion of the JusticesSupreme Court of New Hampshire · 1909
- Bowditch v. HarmonMassachusetts Supreme Judicial Court · 1903
- Page v. Contoocook Valley RailroadSuperior Court of New Hampshire · 1850
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