Legal Opinion

Mayor of New Castle v. Toman

Superior Court of Delaware

Decided June 4, 1913PublishedCited by 5 opinions

Demurrer to replication in an action of debt on a tax collector’s bond (No. 44, September Term, 1912). Demurrer overruled. The issues raised by the demurrer appear in the opinion.

1Opinion of the Court

Woolley, J.,

delivering the opinion of the court:

This is an action of debt instituted by the Mayor and Council of New Castle against James B. Toman, Jr., as principal and American Bonding Company of Baltimore as surety on two bonds, one entered into by the defendants to insure the faithful performance of the duties of the said Toman as “collector of the city and school taxes of the City of New Castle, Delaware, for the year 1909,” and the other to insure the like performance of the duties of the said Toman as “collector of the road and street tax within the limits of the City of New Castle,…

2Cited by5 opinions

  1. Tidewater Coal Exchange, Inc. v. American Surety Co.Superior Court of Delaware · 1928
  2. Culver v. Metropolitan Life InsuranceSuperior Court of Delaware · 1934
  3. Holland Land Co. v. Maryland Casualty Co.Superior Court of Delaware · 1939
  4. Re v. Stern & Co.Superior Court of Delaware · 1940
  5. Philadelphia Storage Battery Co. v. Radio Corp. of AmericaCourt of Chancery of Delaware · 1936

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