United States v. Allsbury
Supreme Court of the United States
ERROR to tile District Court of tlie United States for the Western District of Texas. Allsbury had become bound as surety in the official bond of Dashiel, paymaster.
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ERROR to tile District Court of tlie United States for the Western District of Texas. Allsbury had become bound as surety in the official bond of Dashiel, paymaster. Suit having been brought on this bond against Dashiel, and Paschall, one of the sureties, to recover what the United States alleged was due, to wit, $20,085, a defence was set up to part of the claim; and the defence being sustained by the court below, the United States had verdict and judgment for but $10,318.22. Error was taken to that judgment, and the judgment reversed. The ease next preceding gives report of the matter. The…
1Opinion of the CourtJustice Nelson
It is unnecessary to refer to authorities to show that the liability of the surety cannot exceed that of his principal; and that amount having been fixed by a judgment at law, it formed the rule to determine the sum to be recovered in this suit. The verdict and judgment were competent evidence on behalf of the surety for this purpose; indeed, the highest evidence of the fact. Other questions would have arisen if this judgment had been offered against the surety. The counsel for the government, if desirous of recovering a greater amount, should have postponed the trial of this case till the…
2Cited by16 opinions
- Moses v. United StatesSupreme Court of the United States · 1897
- Hardaway v. National Surety Co.Court of Appeals for the Sixth Circuit · 1907
- Annala v. McLeodMontana Supreme Court · 1949
- Meinecke v. McFarlandMontana Supreme Court · 1949
- State of Missouri v. Mass. Bonding Ins. Co.Missouri Court of Appeals · 1949
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