United States v. Wardwell
U.S. Circuit Court for the District of Rhode Island
This was a bill in equity brought under the following circumstances: Benjamin F.-Bourne, on the 14th of April, 1814, was appointed a purser in the navy of the United States, and gave a bond to the United States, with Abel Jones and Stephen Price, as sureties, in the penalty of $10,000, for the faithful performance of the duties of his office, in the usual form.
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This was a bill in equity brought under the following circumstances: Benjamin F.-Bourne, on the 14th of April, 1814, was appointed a purser in the navy of the United States, and gave a bond to the United States, with Abel Jones and Stephen Price, as sureties, in the penalty of $10,000, for the faithful performance of the duties of his office, in the usual form. On the 30th of April, 1817, Bourne gave another bond to the United States, with Stephen Price, C. A. Dale, and George Johnson, as sureties, in the penalty of $25,000 for the like purpose, pursuant to the act of' congress, of the 1st of…
1Opinion of the Court
STORY, Circuit Justice.
There is no controversy as to the facts in this case; and the whole resolves itself into mere questions of law. I pass over all the grounds insisted upon by way of laches on the part of the officers of the government, for the decisions of the supreme court have fully settled them.
The first ground insisted on by way of de-fence is, that the act of 1817, c. 197 [3 Story’s Laws, 1622; 3 Stat 350, c. 24], is a complete discharge of the first bond as to all sums received after the second bond was executed. The statute provides, “that every person now in service, or who may…
2Cited by24 opinions
- Wait v. Homestead Building Ass'nWest Virginia Supreme Court · 1918
- Conduitt v. RyanIndiana Court of Appeals · 1891
- Spencer v. HoughtonCalifornia Supreme Court · 1885
- Chapman v. CommonwealthSupreme Court of Virginia · 1875
- Norris v. BeatyWest Virginia Supreme Court · 1873
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