United States v. Preston
U.S. Circuit Court for the District of Eastern Pennsylvania
Error to the district court of the United States for the district of Pennsylvania. It appeared from the agreement of counsel, that a suit was brought in the court below by the United States against Joseph and Thomas Lea, and Perrit their surety, upon a duty bond, upon which a judgment was rendered, and the amount of it was paid by the surety, to whom the bond was surrendered for his reimbursement out of the estate of Joseph Lea, in the hands of the defendants, voluntary…
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Error to the district court of the United States for the district of Pennsylvania. It appeared from the agreement of counsel, that a suit was brought in the court below by the United States against Joseph and Thomas Lea, and Perrit their surety, upon a duty bond, upon which a judgment was rendered, and the amount of it was paid by the surety, to whom the bond was surrendered for his reimbursement out of the estate of Joseph Lea, in the hands of the defendants, voluntary assignees of all his estate. [Case unreported.] The present action was assumpsit, brought in the name of the United States…
1Opinion of the Court
WASHINGTON, Circuit Justice.
This case comes before the court upon a writ of error to the district court. It was an action of as-sumpsit brought in that court in the name of the United States against Jonas Preston and Nathan Bunker, voluntary assignees of the estate and effects of Joseph Lea, in which a declaration was filed containing three counts. The first is for money had and received by the defendants from the estate and effects of Lea, to the use of the United States. The second is upon insimul com-putassent. The third count is special. It states, that on the 10th of August. 1822. the…
2Cited by4 opinions
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- Taylor v. WilcoxMassachusetts Supreme Judicial Court · 1897
- Edgerly v. EmersonSuperior Court of New Hampshire · 1851
- In re J. Menist Co.Court of Appeals for the Second Circuit · 1923