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19 Johns. 229

Lathrop v. Allen

New York Supreme Court

Decided August 15, 1821

New York Supreme Court · decided 1821-08-15

IN ERROR, to the Court of Common Pleas of Otsego bunty. The plaintiff, as supervisor of the town of Cherry Halley, •ought an action ot debt against the defendants, Alien, and S id & his sureties, on a bond dated November 25,1818, for 3,301 bllars and 84 cents, conditioning that if the defendant, Allen, d, in all things, duly and faithfully execute and perform all and igular the duties of his office as collector of the town of Cherry yalley, without any fraud or delay, Slc.…

Decided 1821-08-15

Per Curiam.

¶1Without going into a particular consideration all the points made on the argument of this cause, it is suffisnt for its determination to advert to one of them only, which decisive against the plaintiff in error. If we take into view e whole of the declaration and the breaches assigned, it is event that the plaintiff has, by the inquisition, recovered damais to which he is not entitled, either against the collector or his reties, namely, the fees of collection given by the statute to e collector. It is to be intended that the damages have been sessed on the breaches as assigned. We are, therefore, of opion that th,e judgment of the Court below ought to be affirmed,

¶2Judgment affirmed.

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