United States v. Howell
U.S. Circuit Court for the District of New Jersey
This was an action of debt on a bond executed by the defendants [Samuel Howell and John L. Howell]. After reciting that certain bonds to the united States for the payment of duties had been executed by Reeve Lewis A Co. and Joseph S. Lewis as their surety, payable on certain days, which are set forth, and that the United States (in some of the counts, and the secretary of the Treasury in others), had agreed to extend the time of payment of said bonds for one year from the…
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This was an action of debt on a bond executed by the defendants [Samuel Howell and John L. Howell]. After reciting that certain bonds to the united States for the payment of duties had been executed by Reeve Lewis A Co. and Joseph S. Lewis as their surety, payable on certain days, which are set forth, and that the United States (in some of the counts, and the secretary of the Treasury in others), had agreed to extend the time of payment of said bonds for one year from the day of payment thereof respectively, the condition of the bond is, that the obligors in those bonds shall pay to the…
1Opinion of the Court
WASHINGTON, Circuit Justice.
The main question in this case is, whether the indulgence gx-anted to the surviving partner of Reeve Lewis A Co. by the United States, by extending the time for the payment of their bonds, discharged the defendants, their sureties, at law? 2 The general principle established by all the eases is, that if the creditor, without the assent of the surety, expressly, or tacitly yielded, give time to the principal, by enlarging the credit beyond the period mentioned in the contract the surety is discharged. The principle of the decisions is. that the surety guaranties the…
2Cited by11 opinions
- Whitsett v. WomackSupreme Court of Alabama · 1845
- M'Caraher v. CommonwealthSupreme Court of Pennsylvania · 1842
- Paine v. VoorheesWisconsin Supreme Court · 1870
- State ex rel. v. PurcellWest Virginia Supreme Court · 1888
- Hayes v. WellsCourt of Appeals of Maryland · 1871
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