Trafton v. United States
U.S. Circuit Court for the District of Maine
Writ of error upon a judgment rendered in the district court of the district of Maine. The original action was assumpsit for money had and received, and was commenced in September, 1841. The material facts as they appeared on the record, in the bill of exceptions, were as follows: Mark Trafton was the postmaster of the city of Bangor, and in January, 1837, gave a bond, with sureties, for the faithful performance of the duties of his office.
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Writ of error upon a judgment rendered in the district court of the district of Maine. The original action was assumpsit for money had and received, and was commenced in September, 1841. The material facts as they appeared on the record, in the bill of exceptions, were as follows: Mark Trafton was the postmaster of the city of Bangor, and in January, 1837, gave a bond, with sureties, for the faithful performance of the duties of his office. In June, 1839, he was removed from his office; and during his continuance in office, John Bright (the ■co-defendant), acted, for a certain salary, as his…
1Opinion of the Court
STORY, Circuit Justice.
It does not appear to me, that the objections taken to some portions of the depositions and evidence, are well founded; and if they were, the merits of the case before the court do not depend upon them. Two questions are presented by the bill of exceptions. First; whether the former judgment against Trafton and his sureties, for this identical moriey, is a bar to the present suit? Secondly; whether the present suit is, upon the other admitted facts, maintainable in point of law, against the present defendants, even if the former judgment is no bar.
The first question is…
2Cases cited2 opinions
- Robertson v. SmithNew York Supreme Court · 1821
- Ward v. JohnsonMassachusetts Supreme Judicial Court · 1816
3Cited by1 opinion
- Candee v. ClarkMichigan Supreme Court · 1851