United States v. Curtis
Supreme Court of the United States
Error to the Circuit Court of the United States for the District of Massachusetts. This was an action of debt, brought by the United States on a joint and several bond in the penal sum of $20,000, executed May 80, 1862, by Oliver Holman and his sureties, James O. Curtis and Joshua T. Foster, conditioned that said Holman, a paymaster in the army, should faithfully discharge his duties as such; that he should regularly account, when thereunto required, for all moneys received…
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Error to the Circuit Court of the United States for the District of Massachusetts. This was an action of debt, brought by the United States on a joint and several bond in the penal sum of $20,000, executed May 80, 1862, by Oliver Holman and his sureties, James O. Curtis and Joshua T. Foster, conditioned that said Holman, a paymaster in the army, should faithfully discharge his duties as such; that he should regularly account, when thereunto required, for all moneys received by him, and “refund at any time when thereunto required any public moneys remaining in his bands unaccounted for.” The…
1Opinion of the CourtJustice Miller
To the error assigned by the defendants it is sufficient to say that, having been served with the writ, and appeared by counsel, and having thereafter suffered a voluntary default, that default was a confession of indebtedness on account of the breach of the bond assigned; namely, the failure of Holman, their principal, to pay over the moneys in his hands when thereunto required, and of such demand as imposed upon his sureties the obligation to pay. There remained only the question of the amount.due from him on account of moneys in his hands, and of this the auditor’s statement of account was…
2Cited by8 opinions
- Whittemore v. PeopleIllinois Supreme Court · 1907
- Robertson v. MillerCourt of Appeals for the Second Circuit · 1922
- London & Lancashire Indemnity Co. of America v. SmootCourt of Appeals for the D.C. Circuit · 1923
- United States v. DenvirSupreme Court of the United States · 1883
- Curtis v. BankerMassachusetts Supreme Judicial Court · 1884
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