United States v. Thompson
U.S. Circuit Court for the District of Massachusetts
[In error to the district court of the United States for the district of Maine.] The original action was brought in the district court of Maine, on a custom-house bond given to secure the payment of duties.
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[In error to the district court of the United States for the district of Maine.] The original action was brought in the district court of Maine, on a custom-house bond given to secure the payment of duties. The bend was in the common form, with a penalty of $7000, upon condition to be void upon the payment of $3500, or the amount of duties, to be ascertained as due and arising on certain goods, imported into the district of Kennebunk, on the 2d of July, 1812. Prom the pleadings in the case it appeared, that double duties, under the act of July 1, 1S12. c. 112 [2 Stat 768], were payable on the…
1Opinion of the Court
STOUT, Circuit Justice.
The principal question, which has been argued at the bar, is, whether the defendants were entitled to the benefit of the alternatives stated, so as to discharge the bond by a compliance with either. The district attorney has contended in the negative, and has argued, that the intention of the bond having been to secure the payment of all the duties due on the goods, it cannot be discharged by the payment of a less sum. As the acts for the collection of duties are public acts, the court are bound to take notice of their provisions. The present bond appears to be taken in…
2Cases cited1 opinion
- Fitch v. NewberryMichigan Supreme Court · 1843
3Cited by2 opinions
- Duerson v. BellowsIndiana Supreme Court · 1822
- Parks v. MarshallIndiana Supreme Court · 1857