Moss v. Riddle & Co.
Supreme Court of the United States
ERROR to the circuit court for the district of Columbia, in an action of debt upon the joint bond of Welsh and Moss for the payment of money. .Welsh, who was the principal debtor, not being found in, and not being an inhabitant of, the district of Columbia, the suit abated as to him.
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ERROR to the circuit court for the district of Columbia, in an action of debt upon the joint bond of Welsh and Moss for the payment of money. .Welsh, who was the principal debtor, not being found in, and not being an inhabitant of, the district of Columbia, the suit abated as to him. The defendant Moss, in his first plea, after protesting that he did not deliver to any person, unconditionally, as his act and deed, the writing in );he declaration mentioned, averred that he signed aind sealed the same, and delivered it to Joseph Riddle, one of the plaintiffs, as an escrow, to' be his act…
1Opinion of the Court
. March Ts.
Marshall, Ch; J.
delivered the opinion,of thé court to the following effect:
It. is admitted by the counsel in this case, that a bond cannot be delivered to the obligee as an es»' -crow. But it is' contended that where'there are several obligees constituting a copartnership, it maybe delivered- as an escrow to one of the firm. The court, however; is of opinion that. a delivery to one isa delivery to alf. It can never be necessary to - the validity of a bond that all the obligees shorild be convened together at the delivery.
Upon the other point the counsel for the plaintiff in error…
2Cited by1 opinion
- Moss v. Riddle & CoSupreme Court of the United States · 1809