United States v. Garlinghouse
District Court, N.D. New York
The declaration in this case was in debt, upon a bond, in the penalty of $20,000, executed by the defendant Garlinghouse as principal, and by the other defendants as her sureties, on the 9th of March, 1S66, at Canandaigua, in the Northern district of New York; and such bond was subject to the conditions, thereunder written, that if the said defendant, Martha A. Garlinghouse, should comply, in all respects, with the provisions and requirements of the warehousing and internal…
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The declaration in this case was in debt, upon a bond, in the penalty of $20,000, executed by the defendant Garlinghouse as principal, and by the other defendants as her sureties, on the 9th of March, 1S66, at Canandaigua, in the Northern district of New York; and such bond was subject to the conditions, thereunder written, that if the said defendant, Martha A. Garlinghouse, should comply, in all respects, with the provisions and requirements of the warehousing and internal revenue laws of the United States, and the regulations of the treasury department made in pursuance thereof, and should…
1Opinion of the Court
HALL, District Judge.
The only question argued on this demurrer, and the only one it is intended now to decide, is whether, under the facts admitted by the pleadings, the bond declared on-is void by reason of the coverture of Mrs. Garlinghouse, the principal obligor.
This question may properly be considered under two aspects: First, as presented under the common law and the laws of the state of New York alone, without regard to the effect of the act of congress under which it was executed; and, secondly, as presented under the provisions of the act of congress, in addition to the common law and…
2Cases cited6 opinions
- Fitch v. NewberryMichigan Supreme Court · 1843
- Smith v. SmithNew York Supreme Court · 1807
- Hicks v. BrownNew York Supreme Court · 1815
- Thompson v. KetchamNew York Supreme Court · 1809
- People v. MooresNew York Supreme Court · 1847
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