Treasurers v. Temples

Citations

• 29 S.C.L. 48

Syllabus

<p>1. A judgment was recovered against the defendants, principal and surety in a constable’s bond. The action against the constable, to which he made no defence, was brought on a receipt for several notes to collect, and which he signed as constable. From the record of the recovery against him, which was in evidence on the trial of this action, it appeared that there were three counts in the declaration; the first and second charged no more than that certain notes were deposited with defendant, who was an acting constable, and that he promised to collect them according to law, and pay over the amount to the plaintiff The third count charged no more than that defendant was indebted for money had and received, on sundry notes left with him for collection, as constable, the notes being set out in the bill of particulars.</p> <p>2. The first and second counts, held not to charge the non-performance of official duty; also, that under the third count, neither the receipt of the notes, nor the collection of the money, were official acts, to bind the security.</p> <p>3. Had it been alleged in the third count, that the constable had collected the money on executions, and had refused to pay it over, it would have been sufficient.</p>