Legal Opinion

United States v. Badeau

District Court, S.D. New York

Decided December 20, 1886PublishedCited by 1 opinion

Action by the United States upon the official bond of Adam Bad can, consul. This is an action upon an official bond, to recover of the defendant $10,572.64, balance alleged to be due the government on the accounts of the defendant as consul general at London, from July, 1870, to September, 1881. The only matter in controversy related to certain fees which had been collected by the defendant for taking the acknowledgment of deeds, mortgages, assignments, powers of attorney,…

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Action by the United States upon the official bond of Adam Bad can, consul. This is an action upon an official bond, to recover of the defendant $10,572.64, balance alleged to be due the government on the accounts of the defendant as consul general at London, from July, 1870, to September, 1881. The only matter in controversy related to certain fees which had been collected by the defendant for taking the acknowledgment of deeds, mortgages, assignments, powers of attorney, affidavits, etc., while consul at London, which the defendant claimed were unofficial fees, belonging to him personally.…

1Opinion of the CourtBrown, J.

At the close of the testimony yesterday a motion was made to amend the complaint by setting up an account stated as of the date of the last quarterly adjustment of the plaintiff’s account, as consul, by the treasury department, in 1883. The evidence shows that the treasury department, by making deductions in 1883 that date back to the year 1870, has treated this account.as an open account, notwithstanding the quarterly adjustments. Three witnesses have testified that such was the *574understanding in regard to consular accounts; that they are running accounts, and are not settled until the…

2Cases cited3 opinions

  1. Stark v. StarrSupreme Court of the United States · 1877
  2. United States v. LawsonSupreme Court of the United States · 1880
  3. Pitcher v. Turin Plank Road Co.New York Supreme Court · 1851

3Cited by1 opinion

  1. Kumpe v. GeeCourt of Appeals of Texas · 1945

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