Reed v. Emory
Supreme Court of Pennsylvania
THE following case was stated for the opinion of the court. “ On the 26th day of July, 1796, the defendant being indebted to the United States, for duties on certain goods by “ him imported into the United States, gave his bonds of that “ date ; one of them conditioned for the payment of 24*3 dol- “ lars 44 cents, and the other for the payment of 24*3 dollars; “ in both of which the plaintiff was surety; and the same not “ being paid when due, they were put in suit, and…
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THE following case was stated for the opinion of the court. “ On the 26th day of July, 1796, the defendant being indebted to the United States, for duties on certain goods by “ him imported into the United States, gave his bonds of that “ date ; one of them conditioned for the payment of 24*3 dol- “ lars 44 cents, and the other for the payment of 24*3 dollars; “ in both of which the plaintiff was surety; and the same not “ being paid when due, they were put in suit, and judgment “ theredn was recovered against the principal and surety. “ On the 22d day of December, 1798, the surety paid the a…
1Opinion of the Court
Tilghman C. J.
John Reed became bound to the United Stales in a bond for the payment of duties, as surety for Samuel Emory the' principal in the said bond. This bond was dated 26th July, 1796. On 22d December, 1798, Reed paid the debt to the United States, after which Emory became a bankrupt. The question is, whether Reed can support this action against the bankrupt ? By the. act of congress, 4th August, 1790, in all cases of insolvency, debts due to the United States on bonds for duties, shall be first satisfied. By the act 2d May, 1792, (2 L. U. S. 78,) if the principal in any bond to the…
2Cases cited1 opinion
- Champneys v. LyleSupreme Court of Pennsylvania · 1808
3Cited by1 opinion
- Waddington v. VredenberghNew York Supreme Court · 1801