4 Rawle 364
Decided February 17, 1834
Supreme Court of Pennsylvania · decided 1834-02-17
It appeared from the record of this case, returned on a writ of error to the Court of Common Pleas of Lehigh county, that C. L. Hutton was, on the 23d of December, 1826, commissioned prothonotary of Lehigh county, and on the 26th of the same month entered into a bond to the commonwealth, with security, in the sum of $4500, conditioned that he should “in all things well and faithfully execute the duties of his office, and pay over moneys to the state treasurer,” &c. On the…
Decided 1834-02-17
¶1This is one of those cases about which nothing is to be said, but to pronounce the law. Without then determining what may be the liability of the prothonotary’s sureties — a point not before us — it is sufficient for the occasion to say, that the officer was not the agent either of the party or the law, and that the receipt by him involved the debtor in a mispayment, which consequently cannot be set up as a discharge of the debt.
¶2Judgment affirmed.