United States v. Dashiel
Supreme Court of the United States
The United States brought suit at common law — “ debt on bond” — for $20,085.74 against Major Dashiel, a paymaster in the army of the United States, and his sureties.
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The United States brought suit at common law — “ debt on bond” — for $20,085.74 against Major Dashiel, a paymaster in the army of the United States, and his sureties. Dashiel denied every part of the demand, but claimed specially a deduction of $13,000 from the sum sued for, on the ground that while travelling in remote regions of Florida, where he was going with the whole sum in gold coin to pay the army, he had, without the least want of care on his part, been robbed of about $16,000; as was proved among other ways by the fact that a portion of the money, $3000, easily identified, was…
1Opinion of the CourtJustice Clifford
Defendants move to dismiss the case because it appears by the record, as they allege in the motion, that the judgment in the court below was in favor of the plaintiffs, and, that before suing out the writ of error, they obtained satisfaction of the judgment “by execution and sale.”
1. Principal defendant had been a paymaster in the army of the United States, and the record shows that the suit was commenced against him and the other defendant, as one of his sureties on the official bond of the former, given for the faithful discharge of his duties. Breach of the bond as assigned in the…
2Cases cited5 opinions
- Boyle v. Zacharie & TurnerSupreme Court of the United States · 1832
- Green v. BurkeNew York Supreme Court · 1840
- People v. HopsonCourt for the Trial of Impeachments and Correction of Errors · 1845
- Catlett v. BrodieSupreme Court of the United States · 1824
- Shepard v. RoweNew York Supreme Court · 1835
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