Tillou v. United States

In June, 1839, the United States brought an action in the circuit court of the United States for the southern district of New York, on the official bond of Samuel Swartwout, as collector of the port of New York, against Henry Eckford’s executors, whose testator had been one of the sureties in that bond. The action was to recover moneys which Swartwout had received as collector and had embezzled. The defendants interposed various pleas — among others, that the moneys embezzled by the collector were received after his reappointment, and at a time when the defendant’s testator was not surety.

They…