Legal Opinion

United States v. Cochran

U.S. Circuit Court for the District of North Carolina

Decided July 1, 1825PublishedCited by 1 opinion

An information was filed in the circuit court of the United States for the district of North Carolina, against Robert Cochran, late colleet- or for the port of Wilmington in that state, and J. E. and J. W., his sureties, to recover from the sureties the sum of $10,000, that being the penalty of Cochran’s official bond.

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An information was filed in the circuit court of the United States for the district of North Carolina, against Robert Cochran, late colleet- or for the port of Wilmington in that state, and J. E. and J. W., his sureties, to recover from the sureties the sum of $10,000, that being the penalty of Cochran’s official bond. The information charged, that the said Cochran being largely indebted to the United States beyond his ability to pay, viz., in the sum of $145.361, two several suits were instituted, the one against Cochran, the principal. and the other against his sureties, and that judgments…

1Opinion of the Court

MARSHALL, Circuit Justice.

In this case Robert Cochran, collector at the port of Wilmington, being very largely indebted to the United States, made a deed of his property for their benefit. Previous to the execution of this deed, he deposited $10,000, the amount of the bond executed to the United States, for the faithful performance of his duty, in a trunk which was placed in the bank, and absconded. From Baltimore he addressed a letter to his sureties, requesting the trunk to be taken out of the bank, and the money to be applied to their exoneration. The money was received at the treasury and…

2Cited by1 opinion

  1. Moore v. WorshamSupreme Court of Alabama · 1843

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