United States v. Morgan
U.S. Circuit Court for the District of Pennsylvania
This was an action of debt, brought upon an embargo bond, dated 24th December, 1807, taken to the United States. The plea, to which there was a demurrer, presented the following objections to the bond, which, it was contended, avoided it: (1) That the collector, and not the United States, should have been the obligee. (2) That the condition of the bond omits to insert the words, “dangers of the sea excepted.”
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This was an action of debt, brought upon an embargo bond, dated 24th December, 1807, taken to the United States. The plea, to which there was a demurrer, presented the following objections to the bond, which, it was contended, avoided it: (1) That the collector, and not the United States, should have been the obligee. (2) That the condition of the bond omits to insert the words, “dangers of the sea excepted.” (3) That it binds the defendants [Morgan and Farquhar] to deliver to the collector at Philadelphia, where the bond was taken, the certificate of relanding in the United States, within…
1Opinion of the Court
WASHINGTON, Circuit Justice.
The bond upon which this action is founded, is a statutory instrument, taken to the United States by one of its officers, which the court admits to have been proper. But, as that officer had no authority to take such a bond, but in virtue of a power conferred upon him by *1316the government oí the United States, the power should have been, at least, substantially- pursued. The embargo law, under which this obligation was taken, does not set out, in precise terms, the form of it; but the material parts of it are clearly prescribed. It is to be in a sum of double the…
2Cited by6 opinions
- Whitsett v. WomackSupreme Court of Alabama · 1845
- Young v. StateCourt of Appeals of Maryland · 1835
- Sooy v. StateSupreme Court of New Jersey · 1876
- Jackson v. SimontonU.S. Circuit Court for the District of District of Columbia · 1832
- Central Bank v. KendrickHouston Superior Court, Ga. · 1831
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