17 Ga. 620 | Ga. | 1855
By the Court.
delivering the opinion.
All this may be true; but it is not properly set forth in this petition. It is there alleged, that “as commissioners,” &c. they contracted and covenanted, &c. This was their character as public agents, and they are not, by the declaration, charged as being liable, because having in possession a private fund, for the appropriation of which they are responsible. If ••the case had been so framed, and it had been alleged, that in consideration of this they had bound themselves personally, ■and the charge were sustained by proof, then a recovery against them individually, perhaps, might be put upon this .ground. But the declaration does not show this, and the Court below was right in dismissing it.