Williams v. Lyman
Court of Appeals for the Eighth Circuit
In Error to the Circuit Court of the United States for the District of Utah. This was an action at law by Ambrose W. Lyman against P. L. Williams, George Cullins, and Sidney W. Darke, as sureties on the official bond of Richard H. Cabell, as a deputy internal revenue collector. There was a verdict for plaintiff- in the court below, and judgment was entered thereon, to review which the defendants sued out this writ of error.
1Opinion of the Court
SANBORN, Circuit Judge.
This case presents but a single question, and it is this: Is negligence or laches by an obligee in the discharge of his duties to a third person, or in 'the enforcement of his claims against the principal in a bond, a release of the obligation of the sureties thereon? This question arises in this way: On January 24, 1894, Ambrose W. Lyman, the defendant in error, was the United States internal revenue collector for the district of Montana. He appointed one Richard H. Cabell one of his deputies, and on that day Cabell as principal, and the plaintiffs in error as…
2Cases cited9 opinions
- United States v. KirkpatrickSupreme Court of the United States · 1824
- Board of Supervisors v. . OtisNew York Court of Appeals · 1875
- Tapley v. MartinMassachusetts Supreme Judicial Court · 1874
- Nelson v. First Nat. BankCourt of Appeals for the Eighth Circuit · 1895
- Reynolds v. Great Northern Ry. Co.Court of Appeals for the Eighth Circuit · 1895
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3Cited by7 opinions
- American Bonding Co. of Baltimore v. Pueblo Inv. Co.Court of Appeals for the Eighth Circuit · 1906
- Alabama Fidelity & Casualty Co. v. Alabama Fuel & Iron Co.Supreme Court of Alabama · 1914
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- Hecht v. Acme Coal Co.Wyoming Supreme Court · 1911
- Alabama Fidelity & Casualty Co. v. Alabama Fuel & Iron Co.Supreme Court of Alabama · 1918
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