(DOWNLOAD) "Boyden Et Al. v. United States" by United States Supreme Court * Book PDF Kindle ePub Free
eBook details
- Title: Boyden Et Al. v. United States
- Author : United States Supreme Court
- Release Date : January 01, 1871
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
Messrs. M. H. Carpenter and M. M. Cothren, for the plaintiff in error: I. The sureties contract for such capacity and fidelity as man may possess, and as may be suitable for the employment of their principal. The duty of the principal is measured by physical possibility. Their liability is no greater. They do not undertake that an earthquake shall not swallow up the property of the government; nor that the public enemy, or a robber shall not, despite all resistance that can be made by the custodian, seize, and carry away the funds of the government. At the common law, an officer was not responsible for loss of public or private funds, except upon the ground of negligence or default. This is old law, settled in Lane v. Cotton, reported by Lord Raymond,4 and in Whitfield v. Le De Spencer, reported in Cowper.5 The principle is adopted in our own country, as is seen by the case of the Supervisors of Albany v. Dorr et al.,6 where it was held by the Supreme Court of New York, that a 'public officer intrusted with the receipt and disbursement of public funds, is not responsible for money stolen from his office, where there is no imputation of negligence or other default on his part.' Nelson, C. J., in giving the opinion, places emphasis upon the condition of the bond being for the faithful execution of the duties of his office, and says that this condition recognizes the common law rule. The case was affirmed by the Court of Errors.7 The later case of Muzzy, Supervisor, v. Shattuck,8 in the same State, which might appear to conflict with this decision, was placed upon the construction of a statute, which was peculiar in its provisions, and, in the opinion of the court, rendered the collector a debtor for the amount by him collected, and his sureties guarantors for the payment of the debt. It therefore does not conflict with Supervisors of Albany v. Dorr, nor with the common law rule as to official liability; but only interprets and gives effect to a particular statute.
 "Boyden Et Al. v. United States" by United States Supreme Court * Book PDF Kindle ePub Free){kind=link}