United States v. Prescott
Supreme Court of the United States
This case came up on a certificate of division in opinion between the judges of the Circuit Court of the United States for the District of Illinois; ■ On the 4th of March, 1839, Prescott was appointed receiver of public moneys at Chicago, in Illinois.
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This case came up on a certificate of division in opinion between the judges of the Circuit Court of the United States for the District of Illinois; ■ On the 4th of March, 1839, Prescott was appointed receiver of public moneys at Chicago, in Illinois. On the 1st of October, 1840, he executed a bond, together with twenty-seven, other persons, who were all defendants in the present suit, in the penal sum of $150,000, the condition of which was as follows: “ If the said Eli S.-Preseott had truly and faithfully exe- ~ cuted and ' discharged,, and should truly and faithfully continue to execute…
1Opinion of the CourtJustice McLEAN
This action was brought in the Circuit Court for the district of Illinois, on a bond given by Prescott, with the other defendants as - his sureties, for his faithful performance of the duties of receiver of public moneys, at Chicago, in the -state of Illinois. The defence' pleaded was, that-the sum not paid over by the defendant, Prescott, and for which the action was brought, had been feloniously stolen, taken, and carried away, from his possession, by some person or persons unknown to him, and without any fault or negligence on his part; and he avers that he used ordinary care and diligence…
2Cited by88 opinions
- People ex rel. Woodyatt v. ThompsonIllinois Supreme Court · 1895
- Estate of Ramsay v. People ex rel. Southern Illinois PenitentiaryIllinois Supreme Court · 1902
- Smythe v. United StatesSupreme Court of the United States · 1903
- Halbert v. State ex rel. Board of CommissionersIndiana Supreme Court · 1864
- Wiley v. City of SpartaSupreme Court of Georgia · 1922
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