Dair v. United States
Supreme Court of the United States
Error to the Circuit Court for the District of Indiana. The United States brought an action of debt on a distiller’s boud, executed by Jonathan Dair and William Sauts as principals, and by James Dair and William Davison as sureties. . There was no dispute as to the right to recover against the principals, but the sureties, who pleaded separately, denied their liability upon the bond, and upon the issue thus raised by them, there was the following special finding by-the…
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Error to the Circuit Court for the District of Indiana. The United States brought an action of debt on a distiller’s boud, executed by Jonathan Dair and William Sauts as principals, and by James Dair and William Davison as sureties. . There was no dispute as to the right to recover against the principals, but the sureties, who pleaded separately, denied their liability upon the bond, and upon the issue thus raised by them, there was the following special finding by-the court: “That the said James Dair and William Davison signed the said writing obligatory upon the day of its date, as…
1Opinion of the Court
Mr. Justiqe DAVIS
delivered the opinion of the court.
It is important that the question involved in this case should be settled, on account of the various interests connected with the administration of governmental affairs, requiring official bonds to be taken,- which, as a general thing, are rarely executed in the presence of both parties. It is easy to see, if the obligors are at liberty, when litigation arises and loss is likely to fall upon thefn, to set up a condition, unknown .to the person whose duty it was to take the bond, and which is unjust in its result, that the difficulties of…
2Cited by84 opinions
- Moses v. United StatesSupreme Court of the United States · 1897
- Ivy v. HoodSupreme Court of Alabama · 1918
- Benton County Savings Bank of Norway v. BoddickerSupreme Court of Iowa · 1898
- Goodman v. DickerCourt of Appeals for the D.C. Circuit · 1948
- Huber Baking Company v. Stroehmann Brothers Company and Quality Bakers of America Cooperative, Inc.Court of Appeals for the Second Circuit · 1958
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