Stoeckle v. Armstrong

Citations

• 8 Del. Ch. 150

Syllabus

<p>Where, under the Act of March 23, 1877, sureties for a collector of taxes petitioned the Levy Court to restrain the collector from the further collection of taxes upon the ground that they believed that they were liable to suffer loss by reason of their suretyship, and the Levy Court failed and neglected to comply with such petition, held, that the sureties were not thereby discharged from their liability.</p> <p>The Act of March 23, 1877, respecting the rights of sureties for a collector of taxes, is not solely for the benefit of the sureties, but is also intended to afford security and protection to the State. Laches is not imputable to the state, and the loches of public officers does not affect the obligation of sureties of other public officers affected thereby.</p> <p>In the case of private undertakings, the creditor is held to be responsible for the acts of his agents,—their acts are his acts,—whereas, in the case of official bonds, entered into for the Federal or State governments, the government is not held responsible for the acts of its agents, when not authorized by law; and, where loss or increase of risk comes to the sureties in an official bond, by reason of the conduct of public officers, the chance of their mistakes or misconduct, their loches or wrongful acts, must, in the absence of express statutory provision, be taken to be part of the risk which the sureties in an official bond assume.</p> <p>Sureties in official bonds of public officers are not discharged because loss to them occurs through the acts or omissions, the fraud or wrongdoing, of other public officers, unless the wrongful act or omission inheres in and is made part of the condition of the obligation upon which the sureties are sought to be held.</p> <p>In the construction of statutes, provisions which are in terms discretionary are to be construed as mandatory, only in cases when the public interest and rights are concerned, and where the public or third persons have a claim de j