Wilder v. Butterfield
New York Supreme Court
The plaintiff is supervisor of the Fourth ward of the citj of Watertown. In 1874 the defendant Butterfield was elected collector of taxes, and in the fall of that year was notified that the assessment roll and warrant for collection of the taxes of the ward were in the hands of Louis L. Phillips, as supervisor, who was then the supervisor of said ward ; the defendant Butterfield took measures to obtain the necessary statutory bond, and to have the same approved by the…
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The plaintiff is supervisor of the Fourth ward of the citj of Watertown. In 1874 the defendant Butterfield was elected collector of taxes, and in the fall of that year was notified that the assessment roll and warrant for collection of the taxes of the ward were in the hands of Louis L. Phillips, as supervisor, who was then the supervisor of said ward ; the defendant Butterfield took measures to obtain the necessary statutory bond, and to have the same approved by the supervisor, and to then obtain the roll and warrant. A bond was prepared and delivered to Phillips. It bears date December 1,…
1Opinion of the CourtHardin, J.
It is provided by section 41 of the Revised Statutes (vol. 1, page 826, 5th ed. R. S.), that every person chosen collector shall execute, within eight days after he receives notice of. the amount of taxes to be collected by him, to the supervisor of the town, and lodge with him, a bond, with one or more sureties, to he approved of by such supervisor in double the amount of such taxes, conditioned for the faithful execution of his duties as such collector.
Section 42 provides that the supervisor shall file such bond with his approval indorsed thereon, in the office of the county clerk, who…
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