Boyden v. United States
Supreme Court of the United States
In error to the Circuit Court for the District of Wisconsin. The United States sued Boyden and his sureties on bis official bond as receiver of public moneys for the district of lands subject to sale at Eau Claire, in the State of Wisconsin.
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In error to the Circuit Court for the District of Wisconsin. The United States sued Boyden and his sureties on bis official bond as receiver of public moneys for the district of lands subject to sale at Eau Claire, in the State of Wisconsin. The bond was given pursuant to the 6th section of the act of May 10th, 1800.* The section enacts: “The receiver of public moneys shall, before he enters upon the duties of his office, give bond with approved security for the faithful discharge of his trust.” This bond was conditioned, that if the said Boyden truly and faithfully executed and discharged…
1Opinion of the CourtJustice Strong
Were a receiver of public moneys, who has given bond for the faithful performance of his duties as required by law, a mere ordinary bailee, it might be that he would be relieved by proof that the money had been destroyed by fire, or stolen from him, or taken by irresistible force. He would then be bound only to the exercise of ordinary care, even though a bailee for hire. The contract of bailment implies no more except in the case of common carriers, and the duty of a receiver, virtute officii, is to bring to the discharge of his trust that- prudence, caution, and attention which careful men…
2Cited by57 opinions
- Estate of Ramsay v. People ex rel. Southern Illinois PenitentiaryIllinois Supreme Court · 1902
- Smythe v. United StatesSupreme Court of the United States · 1903
- Tillinghast v. . MerrillNew York Court of Appeals · 1896
- Wiley v. City of SpartaSupreme Court of Georgia · 1922
- State ex rel. Mississippi County v. MooreSupreme Court of Missouri · 1881
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