United States v. Hoyt
U.S. Circuit Court for the District of Southern New York
This was an action of debt, against Jesse Hoyt [impleaded with Robert McJimsey] and six other persons, on a bond executed and delivered by them to the United States, dated November 30th. 1838, in the penalty of $200.(HM). conditioned for the faithful performance of the duties of said Hoyt as collector of the port of New York.
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This was an action of debt, against Jesse Hoyt [impleaded with Robert McJimsey] and six other persons, on a bond executed and delivered by them to the United States, dated November 30th. 1838, in the penalty of $200.(HM). conditioned for the faithful performance of the duties of said Hoyt as collector of the port of New York. The declaration assigned as breaches the neglect and refusal of Hoyt to pay over to the plaintiffs divers large sums of money belonging to them, which were received by him by virtue of his office on divers days between the 20th of March. 1838. and the 1st of March, 1841.…
1Opinion of the Court
NELSON, Circuit Justice.
The defence set up in the plea assumes that the second bond did not of itself operate as a merger or ex-tinguishment of the first, but that the judgment recovered upon it did. The second, being a security of no higher degree than the first, of course could not operate as an ex-tinguishment of it. Jackson v. Shaffer. 11 Johns. 513; Andrews v. Smith, 9 Wend. 53. And, that a judgment recovered upon it would not have that effect, was the very point decided in Drake v. Mitchell, 3 East. 251. That was an action of covenant against three defendants. The defence was. that…
2Cases cited4 opinions
- Jackson ex dem. Sternberg v. ShafferNew York Supreme Court · 1814
- Andrews v. SmithNew York Supreme Court · 1832
- Day & Penfield v. Leal & LealNew York Supreme Court · 1817
- Chipman v. MartinNew York Supreme Court · 1816
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- Rockwell v. District CourtSupreme Court of Colorado · 1891
- State Ex Rel. Connellsville By-Product Coal Co. v. Continental Coal Co.West Virginia Supreme Court · 1936