Legal Opinion

United States v. Tillotson

U.S. Circuit Court for New York

Decided September 15, 1823PublishedCited by 5 opinions

This was an action of debt on bond. The bond declared on was executed by-Samuel Hawkins, as principal, and the defendants [Robert Tillotson and Nicholas Gouvemeur], as his sureties, on the 2d of November, 1819, and was in the penal sum of 150,000 dollars, with the following condition: “Whereas the late Benjamin W. Hopkins, of the state of Vermont, did, on the 13th day of May, 1818, enter into a contract with General Joseph G. Swift, then chief engineer of the United States,…

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This was an action of debt on bond. The bond declared on was executed by-Samuel Hawkins, as principal, and the defendants [Robert Tillotson and Nicholas Gouvemeur], as his sureties, on the 2d of November, 1819, and was in the penal sum of 150,000 dollars, with the following condition: “Whereas the late Benjamin W. Hopkins, of the state of Vermont, did, on the 13th day of May, 1818, enter into a contract with General Joseph G. Swift, then chief engineer of the United States, well and truly to construct, or cause to be constructed, at such place, in the vicinity of Mobile Point, in the state-…

1Opinion of the Court

THOMPSON, Circuit Justice.

The rules and principles of law by which the rights of the parties in this case are to be determined, seem not so much to have been drawn in question upon the argument, as the correct application of those principles to the contracts and circumstances embraced in the case. The defendants are prosecuted as the sureties of Samuel Hawkins, upon a bond duly executed by them, bearing date the second day of November, in the year one thousand eight hundred and nineteen, conditioned for the faithful performance by Hawkins of a contract entered into by him with the proper…

2Cited by5 opinions

  1. Minturn v. United StatesSupreme Court of the United States · 1882
  2. Anderson v. Bellenger & RallsSupreme Court of Alabama · 1888
  3. Bateman Brothers v. MapelCalifornia Supreme Court · 1904
  4. United States v. FreelU.S. Circuit Court for the District of Eastern New York · 1899
  5. Bank of Steubenville v. LeavittOhio Supreme Court · 1831

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