United States v. Price
Supreme Court of the United States
These two cases were brought up, by appeal, from the Circuit Court of the United States for East Pennsylvania, sitting as a court of equity. The United States filed a bill on the equity side of the court at October term, 1843, against the executors of Joseph Archer, deceased, claiming to recover from the estate of said Archer the amount of certain duty bonds, or part thereof.
Read the full summary
These two cases were brought up, by appeal, from the Circuit Court of the United States for East Pennsylvania, sitting as a court of equity. The United States filed a bill on the equity side of the court at October term, 1843, against the executors of Joseph Archer, deceased, claiming to recover from the estate of said Archer the amount of certain duty bonds, or part thereof. The two cases were alike, except that in one the bonds were signed by Mifflin and Archer, and in the other by Mifflin, Archer, and one Foster. This made some difference in the argument of the cases; but the point upon…
1Opinion of the CourtJustice Grier
délivered the opinion of the Court.
As the decision of one of the points raised in these cases will rule them both, it will be unnecessary to notice the others.
The complainant' seeks a remedy in equity against the assets of a deceased surety, in certain bonds given for duties. The bonds- were joint and several, but a joint judgment had been recovered on them against all the obligors. The principal in the bond survives, but is insolvent.
The question for our consideration will, therefore,' be, whether a court of equity will interfere to . give a remedy against the personal assets of a deceased…
2Cases cited15 opinions
- Hunt v. RhodesSupreme Court of the United States · 1828
- Sheehy v. Mandeville & JamessonSupreme Court of the United States · 1810
- In re ClohertyWashington Supreme Court · 1891
- United States v. LinnSupreme Court of the United States · 1841
- Ward v. JohnsonMassachusetts Supreme Judicial Court · 1816
10 more not listed; retrieve them via the Exa API.
3Cited by35 opinions
- Zenith Radio Corp. v. Hazeltine Research, Inc.Supreme Court of the United States · 1971
- Davis Electrical Works v. Edison Electric Light Co.Court of Appeals for the First Circuit · 1894
- Zollickoffer v. SethCourt of Appeals of Maryland · 1876
- Cavers v. Sioux Oil & Refining Co.Texas Commission of Appeals · 1931
- Bulkeley v. HouseSupreme Court of Connecticut · 1893
30 more not listed; retrieve them via the Exa API.