Horn v. Whittier
Superior Court of New Hampshire
Debt opon abend, dated "6th April, 1830, given to the plaintiffs, John Horn, Joshua Fiifber and Daniel Na-son, “ selectmen of Sornersworth,” and to be paid to them, or their successors in office, for “ the use of the said town of Sornersworth.” The bond was signed by W. D. Smith, as principal, and N. Martin, J. Whittier, J. Martin and C. Bartlett as sureties.
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Debt opon abend, dated "6th April, 1830, given to the plaintiffs, John Horn, Joshua Fiifber and Daniel Na-son, “ selectmen of Sornersworth,” and to be paid to them, or their successors in office, for “ the use of the said town of Sornersworth.” The bond was signed by W. D. Smith, as principal, and N. Martin, J. Whittier, J. Martin and C. Bartlett as sureties. The condition of the bond was as follows ; “ Whereas the above bounden W. D. Smith hath taken upon himself the collection of the taxes, assessed on the inhabitants of said town of Sornersworth, for the current year, agreeably to the list…
1Opinion of the Court
By the court.
It is contended, in this case, that one of these plaintiffs was never qualified to act as selectman, and that Smith was never qualified to act as collector, because he had not taken the oath of office. But we are of opinion that neither of these objections can prevail. It is not denied that the plaintiffs acted as selectmen of Somersworth, for the year 1830, or that Smith acted as collector. Besides the plaintiffs are recognized in the condition of the bond, as the selectmen of Somers-worth, and Smith as collector of taxes. This was sufficient to show that they were officers, de…
2Cases cited1 opinion
- Moore v. GravesSuperior Court of New Hampshire · 1826
3Cited by3 opinions
- Webb v. SteeleSuperior Court of New Hampshire · 1842
- Baker v. ShephardSuperior Court of New Hampshire · 1851
- Carlton v. BathSuperior Court of New Hampshire · 1851