Randal v. York

1 Kirby 314

Opinion

By the whole Court.

That the failure of the collector to pay the taxes to the treasurer, was a breach of the condition, by which a right of action accrued on the bond; — and the plaintiffs having neglected to exhibit their claim, according to tbe order of tbe Court of Probate, they were, by law, barred and foreclosed of any recovery on said bond.