Graham v. Endicott
Before: Murray
Synopsis
Where the defendant, as sheriff, collects money on an attachment, more than sufficient to satisfy the attaching creditor, and after the expiration of his term of office another attaching creditor attaches the surplus, and seeks to make the ex-sheriff liable therefor on his official bond: Held, that the demurrer to the complaint was properly sustained, as there was no relation between the defendant and plaintiff to render defendant officially liable.
The defendant could only be garnisheed as a private individual.
Murray, C. J., after stating the facts, delivered the opinion of the Court—Terry, J., and Burnett, J., concurring.
The complaint was demurred to, and the demurrer properly sustained. There was no relation between the present plaintiff and Endicott that would render him officially liable. Although responsible to Adams & Co., he was, so far as the plaintiff is concerned, a mere bailee of Adams & Co., and could only be garnisheed as a private individual.
Judgment affirmed.
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