United States v. Nelson
U.S. Circuit Court for the District of Virginia
Debt for $7.000 against Thomas Nelson and Samuel Myers, surviving obligors of John Archer, Thomas Nelson, and Samuel Myers.
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Debt for $7.000 against Thomas Nelson and Samuel Myers, surviving obligors of John Archer, Thomas Nelson, and Samuel Myers. This action was founded on an instrument purporting to be an official bond executed by the above parties in the penalty of $7.000, the condition whereof was, that the said Archer should faithfully discharge the duties of paymaster of the twentieth regiment of infantry, of the army of the United States, The declaration assigned various breaches of the condition of the bond, and the defendants pleaded severally a special non est factum. The jury found a special verdict…
1Opinion of the Court
MARSHALL, Circuit Justice.
John Archer was appointed paymaster of the twentieth regiment of infantry, in the army of the United States. The defendants, Nelson and Myers, agreed to become his securities, and to execute such bond as was required by law. A printed paper, in the usual form prepared for official bonds to be given by paymasters, was presented to and executed by them. At the time of its execution and delivery, all those parts which are usually written, including the penalty, the names of the obligors, and the date, were blank. John Archer, the principal, had not executed it. This…
2Cited by14 opinions
- Moses v. United StatesSupreme Court of the United States · 1897
- City of Chicago v. GageIllinois Supreme Court · 1880
- White v. DugganMassachusetts Supreme Judicial Court · 1885
- Lockwood v. BassettMichigan Supreme Court · 1883
- Simms v. HerveySupreme Court of Iowa · 1865
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