Gaussen v. United States
Supreme Court of the United States
Eeeor to tbe Circuit Court of tbe United States - for tbe District of Louisiana. Tbis is an action by tbe United States against Bessie Elgee Gaussen,- executrix of John K. Elgee, deceased, wbo was one of tbe sureties on tbe official bond of Thomas Barrett, collector of tbe customs for the district of New Orleans, in tbe State of Louisiana.
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Eeeor to tbe Circuit Court of tbe United States - for tbe District of Louisiana. Tbis is an action by tbe United States against Bessie Elgee Gaussen,- executrix of John K. Elgee, deceased, wbo was one of tbe sureties on tbe official bond of Thomas Barrett, collector of tbe customs for the district of New Orleans, in tbe State of Louisiana. It was before tbis court at its October Term, 1873, when tbe judgment of tbe Circuit Court was reversed and the case remanded for a new trial. United States v. Gaussen, 19 Wall. 198. Tbe mandate was filed in tbe court below, Jan. 27, 1875. Tbe bond sued on…
1Opinion of the CourtJustice Strong
This suit was founded upon the bond of a collector of customs, the condition of which is that he had truly executed and discharged, and should continue to execute and discharge, all the duties of the office of collector according to law; and the breach assigned was that he had failed to account for and pay over the money received by him in his official capacity as col*590lector. Tbe defendant’s testator was a surety in tbe bond; but that is an immaterial fact in tbe case, for nothing is plainer than the rule that a surety in a bond is liable to the same extent to which his principal is liable, by…
2Cases cited2 opinions
- Converse v. United StatesSupreme Court of the United States · 1859
- Broome v. United StatesSupreme Court of the United States · 1854
3Cited by1 opinion
- Gaussen v. United StatesSupreme Court of the United States · 1878