Town of Union v. Bermes
Supreme Court of New Jersey
This is a rule to show cause why a new trial should not be granted. The action is brought upon an official bond, given by Charles Wurtz, as treasurer of the town of Union. Wurtz had been elected, annually, from the year 1873 to 1879. This action is upon the bond given for the year 1879. The official year began on the last Monday in April. The fiscal year ran from March 14th. There are actions pending also upon the bonds of several preceding years.
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This is a rule to show cause why a new trial should not be granted. The action is brought upon an official bond, given by Charles Wurtz, as treasurer of the town of Union. Wurtz had been elected, annually, from the year 1873 to 1879. This action is upon the bond given for the year 1879. The official year began on the last Monday in April. The fiscal year ran from March 14th. There are actions pending also upon the bonds of several preceding years. In this ease the trial justice, sitting as a jury, found for the plaintiff the sum of $9073.89.
1Opinion of the Court
The opinion of the court was delivered by
Reed, J.
The legal question in this case is one involving the law of evidence, and concerning the admissibility and probative force of a report made by Wurtz, the treasurer, to the board of council on May 20th, 1879.
In this report he charged himself with the sum of $9518.-72, as the balance at that time on hand.
Mr. Wurtz himself was not produced as a witness, he having left the state.
The admission contained in this report was relied upon by the plaintiffs to charge Wurtz and his sureties for the year 1879, with a liability to account for that amount. It…
2Cases cited2 opinions
- Parker v. State ex rel. TownIndiana Supreme Court · 1846
- Agricultural Insurance v. KeelerSupreme Court of Connecticut · 1876