Champneys v. Lyle
Supreme Court of Pennsylvania
r | ^HIS was an action for money had and received to the plaintiff’s use. On the 11th and 15th April 1801, Champneys, as the surety of Maris, executed three bonds to the United States for duties upon goods imported, which he afterwards paid.
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r | ^HIS was an action for money had and received to the plaintiff’s use. On the 11th and 15th April 1801, Champneys, as the surety of Maris, executed three bonds to the United States for duties upon goods imported, which he afterwards paid. Maris became a bankrupt within the act of Congress passed the 4th of April 1800, and this action was brought against his assignees to recover the full amount of the sum pan? to the United States, with interest up to the time of judgment, in preference to the other creditors. The jury found a verdict for the plaintiff for his whole demand, subject to the…
1Opinion of the Court
Tilghman C. J.
delivered the opinion of the court.
The plaintiff was bound as security for Richard Maris, in sundry bonds to the United States,,for duties on goods imported, dated 11th April 1801. The plaintiff paid those bonds, and Maris became a bankrupt. Two questions are now submitted to the court.
1. Whether that preference which was given to sureties in bonds for duties, by the 65th section of the act of Congress, “ to regulate the collection of duties on imports and tonnage, (March 1st 1799) was taken away by the act “ to establish an “ uniform system of bankruptcy throughout the United…
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