Stewart v. United States ex rel. Smith
Court of Appeals for the D.C. Circuit
Appeal from the Supreme Court of the District of Columbia. Suit by the United States, on the relation of Margaret C. Smith, against William W. Stewart, to recover the penalty of a ne exeat bond. Judgment for plaintiff on directed verdict, and defendant appeals.
1Opinion of the Court
HOEHLING, Acting Associate Justice.
This is a suit brought against the surety on a ne exeat bond to recover the full penalty thereof in the sum of $2,000. The defense interposed on behalf of the surety was substantially that, notwithstanding the condition of the bond, the beneficial plaintiff thereunder agreed that the principal in said bond should leave the District of Columbia and go to the state of New York, and that such agreement was without the knowledge and consent of the surety.
At the trial, evidence was adduced on behalf of defendant, surety on the bond, in support of the defense…
2Cited by2 opinions
- Murphy v. ParisCourt of Appeals for the D.C. Circuit · 1926
- United States ex rel. Smith v. StewartCourt of Appeals for the D.C. Circuit · 1924