M'Lean v. Rankin
New York Supreme Court
THIS was an action of assumpsit. The declaration contained the usual counts for money had and received to the use of the plaintiff, money paid, &c; The cause was tried at the New-York sittings, in December, 1807, before Mr. Justice Spencer. One Bancker was indebted to the United States, for duties on goods imported into New-York, to secure the pay-of which, he, and the plaintiff, as his surety, executed four bonds to the United States.
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THIS was an action of assumpsit. The declaration contained the usual counts for money had and received to the use of the plaintiff, money paid, &c; The cause was tried at the New-York sittings, in December, 1807, before Mr. Justice Spencer. One Bancker was indebted to the United States, for duties on goods imported into New-York, to secure the pay-of which, he, and the plaintiff, as his surety, executed four bonds to the United States. The bonds not being paid by Bancker, the plaintiff was sued and judgment recovered against him ; and, in satisfaction of the principal, interest, and costs,…
1Opinion of the CourtSpencer, J.
The plaintiff having, as surety for Oliver Bancker, in a bond to the United States, for the payment of duties, paid the same, is entitled to the same right of preference as the United States.
The plaintiff’s claim is founded on these facts, that Bancker being insolvent, has made a voluntary assignment of his property, for the benefit of his creditors, to the defendants, who have received from the proceeds of the sales thereof, sufficient t® pay the plaintiff his demand.
The evidence is loose as to the time of Bancker's insolvency, as well as respecting the fact of insolvency itself; but if it…
2Cases cited1 opinion
- Garey v. Union BankU.S. Circuit Court for the District of District of Columbia · 1826
3Cited by6 opinions
- Ketcham v. WoodruffNew York Supreme Court · 1857
- Downing v. KintzingSupreme Court of Pennsylvania · 1816
- McCaul v. KilpatrickSupreme Court of Missouri · 1870
- United States v. WilkinsonU.S. Circuit Court for the District of Western Missouri · 1878
- Bush v. CritchfieldOhio Supreme Court · 1829
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