Samuel's Ex'r v. M'dowell

1 Del. 108

Opinion

We recognize the general principle that an officer of the government is not individually bound for its responsibilities; but this is not that case. Col. Whitely was the collector in this case and received money of the government to pay these men. He paid the money for this purpose to the deft, here who was his deputy, clerk, or agent. We do not say that even under these circumstances there arises an implied assumpsit and consequent liability on the part of the agent; but here he has given a due bill for the amount, acknowledging himself to be personally indebted to the plff’s. testator. We think that neither public policy nor private justice will require or allow that he should not be considered personally responsible.

The case went on, but the deft, having proved an actual payment, had a verdict.