Village of Olean v. . King
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, in favor of the plaintiff, entered upon an order made at the October Term, 1886, which denied a motion for a new trial and directed judgment on a verdict directed by the trial court. This action was brought against the defendant John King, collector of the village of Olean, and Kichard King and William W. Weston, sureties on his official bond.
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Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, in favor of the plaintiff, entered upon an order made at the October Term, 1886, which denied a motion for a new trial and directed judgment on a verdict directed by the trial court. This action was brought against the defendant John King, collector of the village of Olean, and Kichard King and William W. Weston, sureties on his official bond. The plaintiff claimed to recover the sum of $4,879.84 on said bond as the amount of taxes for which the collector is in default and for which his sureties…
1Opinion of the CourtBrown, J.
The appellants assign three grounds for the reversal of a judgment in this action.
First. That the proof does not show that the collector failed ta pay over to the village any taxes collected by him, and that the failure to return the warrant to the trustees with an account as required by statute, inflicted no loss upon the village, or, at most, entitled it to but nominal damages.
Second. That the sureties were discharged by the extension of the warrant for the collection of the tax.
Third. That the tax levy was invalid and neither the collector or his sureties are liable for the non-collection…
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