Hall v. Williams

• Decision Date: 01 January 1868
• Citation: 13 Minn. 242
• Parties: JOHN N. HALL v. HENRY H. WILLIAMS and others.
• Court: Minnesota Supreme Court

Page 242

13 Minn. 242

JOHN N. HALLv.

HENRY H. WILLIAMS and others.

Supreme Court of Minnesota.

Appeal by defendants from an order of the district court, Blue Earth county, overruling a demurrer to the complaint.

Cornell & Bradley, for appellants.

Wilkinson & Woolfolk, for respondent.

BERRY, J.

The complaint in this action alleges that the plaintiff was duly appointed by the president of the United States collector of taxes for the first collection district of Minnesota, under the internal revenue act; that he accepted and entered upon the duties of such appointment; that being about to appoint Henry Howell Williams, one of the defendants herein, deputy collector, he required of him a bond, whereupon the said Williams, together with the other defendants, executed to plaintiff a bond, the condition of which reads as follows:

"The condition of the foregoing obligation is such, that whereas the president of the United States hath appointed the said John Norris Hall collector of taxes for the first collection district in the state of Minnesota, under an act of congress entitled `An act to provide internal revenue to support the government, and to pay interest on the public debt;' and whereas the said John Norris Hall hath appointed the said Henry Howell Williams the deputy collector of the eleventh division in said collection district, composed of the county of Scott, in the state of Minnesota; now, therefore, if the said Henry Howell Williams shall truly and faithfully execute and discharge all the duties of deputy collector of said division according to law, and shall justly and faithfully account for and pay over to the designated United States depositary at St. Paul, Minnesota, in compliance with the orders and regulations of the secretary of the treasury of the United States, or when requested by the said John Norris Hall, all public moneys which may come into his hands or possession, together with the fees and commissions of the said John Norris Hall, as such collector, except such part or portion of such fees and commissions as the said Henry Howell Williams may be entitled to retain by reason of any agreement with the said John Norris Hall, as compensation for his services as such deputy collector, and shall in all things perform the duties of such deputy collector, according to law, then the above obligation to be void and of no effect; otherwise it shall abide and remain in full force and virtue."

The complaint further alleges, "that between the first day of September, A. D. 1866, and the thirtieth day of November, A. D. 1866, the said Henry Howell Williams received money as such deputy collector aforesaid, amounting to the sum of $1,816.89, for which he has failed to account to or pay over to said complainant, or to the designated United States depositary at St. Paul, Minnesota, according to the conditions of said bond, although often requested by this complainant so to do; but...