Town of Lyndon v. Miller
Supreme Court of Vermont
Assumpsit on a promissory note. This was an action against the bondsmen of one P. M. Willmarth,- collector of the town of Lyndon, for his neglect to pay over to the plaintiff certain money collected on tax bills committed to him.
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Assumpsit on a promissory note. This was an action against the bondsmen of one P. M. Willmarth,- collector of the town of Lyndon, for his neglect to pay over to the plaintiff certain money collected on tax bills committed to him. It appears that the parties in five suits upon separate notes, ponding in the county court, involving the same questions and facts, agreed to have them all referred to the Hon. Luke P. Poland, as referee, and that one report should apply in all the said actions. The facts reported by the referee are distinctly stated in substance in the opinion of the court. The…
1Opinion of the CourtILellogg, J.
The defendants rely upon two distinct grounds of defence against the note declared on in this suit. This note was given on the settlement of a claim, in favor of the town of Lyndon against Philotus M. Willmarth, who was the first con-, stable and collector of taxes for that town elected" at the annual town meeting in March,’ 1860, by the sureties on his official bond for that year, for the balance of the town tax of that town on the.list for that year, which Willmarth had neglected to pay into the treasury of the town as .required by law.
I. It is claimed that the sureties of Willmarth on his…
2Cases cited3 opinions
- Green v. WardwellIllinois Supreme Court · 1855
- Courser v. PowersSupreme Court of Vermont · 1861
- Adams v. JacksonSupreme Court of Vermont · 1827
3Cited by7 opinions
- Holt County v. ScottNebraska Supreme Court · 1897
- State v. Middleton's SuretiesTexas Supreme Court · 1882
- Fancher v. StearnsSupreme Court of Vermont · 1889
- Town of Weston v. SpragueSupreme Court of Vermont · 1882
- Town of La Pointe v. Town of AshlandWisconsin Supreme Court · 1879
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