United States v. Thomas
Supreme Court of the United States
Error to tbe Circuit Court for the Middle District of Tennessee. The United States sued Thomas and others as the principal and sureties on the official bond of the said Thomas, as surveyor of the customs for the port of Nashville, Tennessee, and depositary of public moneys at that place.
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Error to tbe Circuit Court for the Middle District of Tennessee. The United States sued Thomas and others as the principal and sureties on the official bond of the said Thomas, as surveyor of the customs for the port of Nashville, Tennessee, and depositary of public moneys at that place. The condition of the bond was in the usual form, that he should faithfully execute aud discharge the duties of his office, according to law, and should well, truly, and faithfully keep safely, without loaning, using, depositing in banks, or exchanging for other funds than as allowed by act of Congress, all…
1Opinion of the CourtJustice Bradley
This case brings up squarely the question whether the forcible seizure, by the rebel authorities, of public, moneys iu the hands of loyal government agents, against their will, and without their fault or negligence, is, or is not, a sufficient discharge from the obligations of their official bonds. This precise question has not as j-et been decided by this court. As the rebellion has been held to have been a public war, the question may be stated in a more general form, as follows: Is the act of a public enemy iu forcibly seizing or destroying property of the government in the hands of a…
2Cases cited4 opinions
- Farrar and Brown v. United StatesSupreme Court of the United States · 1831
- Muzzy v. ShattuckCourt for the Trial of Impeachments and Correction of Errors · 1845
- Utica Insurance v. LynchNew York Court of Chancery · 1845
- Burke v. TrevittU.S. Circuit Court for the District of Massachusetts · 1816
3Cited by75 opinions
- Driscoll v. Burlington-Bristol Bridge Co.Supreme Court of New Jersey · 1952
- City of Jersey City v. HagueSupreme Court of New Jersey · 1955
- State Ex Rel . Preissler v. DostertWest Virginia Supreme Court · 1979
- Smythe v. United StatesSupreme Court of the United States · 1903
- United States v. JohnstonSupreme Court of the United States · 1925
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