¶1By the pleadings it appears that Bingham had authority from Sheriff Whitmore to receive the money from the plaintiff, and to give the receipt he did; that he paid the money over to said sheriff, on account of said execution, took his receipt for the benefit of the plaintiff,' and ever held it ready for him; which was all that the defendant could do. If the money has not been indorsed or applied to the' plaintiff’s benefit, Sheriff "Whitmore, and not the defendant, is liable.
1 Root 237
Bingham v. Tully
Decided January 15, 1791
Supreme Court of Connecticut · decided 1791-01-15
<p>Where a person receives money by authority from another and pays it over accordingly, the person for whom it is received, is liable for any misapplication.</p>
Decided 1791-01-15