Legal Opinion

Bank of United States v. Brent

U.S. Circuit Court for the District of District of Columbia

Decided November 28, 1826Published

Debt upon the official bond of Richmond Johnson, a teller of the Office of Discount and Deposit of the Bank of the United States, at Washington, dated 21st September, 1819, in the penalty of $20,000, the condition of which was, that he should “ well and faithfully execute the said office, and in all things relating to the same, should well and faithfully behave.”

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Debt upon the official bond of Richmond Johnson, a teller of the Office of Discount and Deposit of the Bank of the United States, at Washington, dated 21st September, 1819, in the penalty of $20,000, the condition of which was, that he should “ well and faithfully execute the said office, and in all things relating to the same, should well and faithfully behave.” By the 14th article of the constitution of the bank, which is contained in the 11th section of the act of incorporation, the directors are authorized to establish offices of Discount and Deposit in the several States and Territories,…

1Opinion of the Court

The Court (Thruston, J., contra,)

rendered judgment, upon the demurrers, for the defendant; being of opinion that the words, (in the condition of the bond) “ well and faithfully execute the office, and in all things, relating Ao the same, well and faithfully behave; ” substantially mean the same as the words in the sixth article of the rules and regulations, “ faithfully perform the trust reposed in them,” and the defendant was bound only for the teller’s fidelity, not his skill. Union Bank v. Clossy, 10 Johns. 271. The Court gave no opinion upon the question whether a bond taken under color…

2Cases cited3 opinions

  1. Speake & Others v. U. StatesSupreme Court of the United States · 1815
  2. President of the Union Bank v. ClosseyNew York Supreme Court · 1813
  3. United States v. SawyerU.S. Circuit Court for the District of Massachusetts · 1812

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