Butler v. United States
Supreme Court of the United States
Error to the Circuit Court for the Eastern District of. Tennessee. Debt on a joint and several internal-revenue bond, executed by Emory, as principal, and by Butler, Sawyer, and Choppin as sureties, the bond on oyer appearing to be in the sum of $15,000. Butler pleaded that at the time he signed and affixed his seal to the bond, it was a mere printed form, with blank spaces for the names, dates, sfnd amounts to be inserted therein; that the blanks were not filled, and there…
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Error to the Circuit Court for the Eastern District of. Tennessee. Debt on a joint and several internal-revenue bond, executed by Emory, as principal, and by Butler, Sawyer, and Choppin as sureties, the bond on oyer appearing to be in the sum of $15,000. Butler pleaded that at the time he signed and affixed his seal to the bond, it was a mere printed form, with blank spaces for the names, dates, sfnd amounts to be inserted therein; that the blanks were not filled, and there was no signature thereto, except Emory’s; that Emory promised, if Butler would sign the bond, he, Emory, would fill up…
1Opinion of the Court
The CHIEF JUSTICE
delivered the opinion of the court.
We cannot distinguish this case in principle from Dair v. United States. The printed form, with its blank spaces, was signed by Butler and delivered to Emory, with authority to fill the blanks and perfect the instrument as a bond to secure his faithful service in the office of collector of internal revenue. He was also authorized to present it when perfected to the proper officer of the government for approval and acceptance. If accepted, it was expected that he would at once be permitted to enter upon the performance of the duties of the…
2Cited by27 opinions
- Moses v. United StatesSupreme Court of the United States · 1897
- City of Chicago v. GageIllinois Supreme Court · 1880
- Benton County Savings Bank of Norway v. BoddickerSupreme Court of Iowa · 1898
- White v. DugganMassachusetts Supreme Judicial Court · 1885
- County of King v. FerryWashington Supreme Court · 1893
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