Selectmen of St. Albans v. Curtis
Supreme Court of Vermont
JOHN Curtis, 2d. was on the 12th day of March, 1810, appointed pirst Constable ancj Collector of the town of St. Albans, and for the faithful performance of the duties of that office, and to indemnify the town, he and the two other defendants, John Nason and Jehial Holdridge, executed a bond to the Selectmen, in the penal sum of one thousand dollars, on which bond this action is brought.
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JOHN Curtis, 2d. was on the 12th day of March, 1810, appointed pirst Constable ancj Collector of the town of St. Albans, and for the faithful performance of the duties of that office, and to indemnify the town, he and the two other defendants, John Nason and Jehial Holdridge, executed a bond to the Selectmen, in the penal sum of one thousand dollars, on which bond this action is brought. The declaration states the occasion of giving the bond, and sets forth the bond and also the condition, which is — That, if the said . 7 7 John Curtis, 2d. shall well and faithfully execute the office of…
1Opinion of the Court
Chipman, Ch. J.
The exception relied upon is, that it does not appear by the declaration, that the town of St. Albans has been damnified, has been put to any trouble or expense; but merely that the town, has on the non est return by the Sheriff, of the extent against the Collector, become liable to an extent for the sum in which the Collector has been delinquent. Authorities have been produced, from which it appears that there ate some ancient cases and dicta, which seem to support the opinion, that in this kind of action, it is sufficient that the person to be indemnified has become liable to…
2Cited by2 opinions
- Dorsey v. DashiellCourt of Appeals of Maryland · 1851
- Conner v. BeanSupreme Court of New Hampshire · 1861