City of Waterbury v. Lawlor
Supreme Court of Connecticut
Action against the defendants, principal and sureties on a bond for the faithful discharge by the defendant Lawlor of his duties as collector of taxes for the plaintiff city; brought to .the City Court of the city of Waterbury. The declaration alleged a breach of the bond in the failure to pay over to the city moneys collected by Lawlor as taxes.
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Action against the defendants, principal and sureties on a bond for the faithful discharge by the defendant Lawlor of his duties as collector of taxes for the plaintiff city; brought to .the City Court of the city of Waterbury. The declaration alleged a breach of the bond in the failure to pay over to the city moneys collected by Lawlor as taxes. The defendants pleaded a general denial and also a set-off of money due Lawlor as salary for the five years next preceding the year 1878, as well as for that year, to which last year only the bond applied. The court (Cowell, J.,') found the amount of…
1Opinion of the CourtPark, C. J.
The only question in this case is-, whether the collector of taxes for the city of Waterbury for the year 1878, having a large sum of money in his hands which he had collected on the warrant and rate-bill of that year, has the right to set-off against a claim of the city for this money his own claim for the salary due him from the city as collector of taxes in the years previous to 1878. The defendant, Lawlor, had been collector of city taxes for the period of five years next preceding the year in question, and during all that time had never settled his official account with the city. He had…
2Cases cited2 opinions
- City of Hartford v. FraneySupreme Court of Connecticut · 1879
- Pratt's Appeal from ProbateSupreme Court of Connecticut · 1874
3Cited by3 opinions
- Town of Enfield v. HamiltonSupreme Court of Connecticut · 1930
- Town of Enfield v. HamiltonSupreme Court of Connecticut · 1930
- Wilmington v. BryanSupreme Court of North Carolina · 1906