Legal Opinion

Wharton v. Clements

Court of Chancery of Delaware

Decided March 15, 1868PublishedCited by 4 opinions

Bill in Equity for an injunction. — The material facts in this case were these : John F. Clements, a United States deputy collector of internal'revenue, converted the public revenue collected by him to the use of the firm of J. F.- Clements & Co., of which he was a member. This was done with the knowledge and concurrence of his co-partner.

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Bill in Equity for an injunction. — The material facts in this case were these : John F. Clements, a United States deputy collector of internal'revenue, converted the public revenue collected by him to the use of the firm of J. F.- Clements & Co., of which he was a member. This was done with the knowledge and concurrence of his co-partner. The firm becoming insolvent, Clements and his co-partner executed their joint obligation to indemnify the defendants as sureties in Clements official bond. The obligation so given was an absolute bond for the payment of $5,000, with a warrant of attorney…

1Opinion of the Court

The Chancellor.—

This bill contests the validity óf a judgment confessed by the firm of J. F. Clements & Co., to indemnify the defendants, who were sureties of Clements as deputy *216collector of internal revenue, against such 'loss as might accrue to.them from his conversion of the public revenue to the use of the firm.

The purpose for which the judgment to the sureties was confessed did not appear by testimony, but it is set forth in the answer. Notwithstanding an objection to the contrary, the answer is, on this point, responsive, and there is no evidence against it. I, therefore, have accepted…

2Cases cited4 opinions

  1. Hayes v. WardNew York Court of Chancery · 1819
  2. Murray v. BlatchfordCourt for the Trial of Impeachments and Correction of Errors · 1828
  3. Hutchinson v. SmithNew York Court of Chancery · 1837
  4. Cunningham v. FreebornNew York Court of Chancery · 1831

3Cited by4 opinions

  1. Leiter v. CarpenterCourt of Chancery of Delaware · 1941
  2. Brown v. Wilmington abnd Brandywine Leather Co.Court of Chancery of Delaware · 1910
  3. Sussex Trust Co. v. BaconCourt of Chancery of Delaware · 1917
  4. Montell v. New Castle Iron & Steel Co.Court of Chancery of Delaware · 1882

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