Bingham v. Tully

Supreme Court of Connecticut

Bingham v. Tully

1 Root 237

DecidedJanuary 15, 1791

StatusPublished

This text of 1 Root 237 (Bingham v. Tully) is published on Counsel Stack Legal Research, covering Supreme Court of Connecticut primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Bingham v. Tully, 1 Root 237 (Colo. 1791).

Pincite

Opinion

By the Court.

By the pleadings it appears that Bingham had authority from Sheriff Whitmore to receive the money from the plaintiff, and to give the receipt he did; that he paid the money over to said sheriff, on account of said execution, took his receipt for the benefit of the plaintiff,' and ever held it ready for him; which was all that the defendant could do. If the money has not been indorsed or applied to the' plaintiff’s benefit, Sheriff "Whitmore, and not the defendant, is liable.

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By the Court.

By the pleadings it appears that Bingham had authority from Sheriff Whitmore to receive the money from the plaintiff, and to give the receipt he did; that he paid the money over to said sheriff, on account of said execution, took his receipt for the benefit of the plaintiff,' and ever held it ready for him; which was all that the defendant could do. If the money has not been indorsed or applied to the' plaintiff’s benefit, Sheriff "Whitmore, and not the defendant, is liable.

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Bluebook (online)

1 Root 237, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bingham-v-tully-conn-1791.