Claiborne County v. Brooks
Supreme Court of the United States
IN ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE EASTERN DISTRICT OF TENNESSEE. This was an action of debt, brought by the appellee, the plaintiff below, as bankrupt assignee of Howard, Cole & Co., against the county of Claiborne, Tennessee,, on its bond or obligation, dated 7th day of April, 1868, payable to one V. H. Sturm or order for $5,000, with interest, and indorsed by Sturm to Howard, Cole & Co. The following is a copy of the bond, together with the…
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IN ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE EASTERN DISTRICT OF TENNESSEE. This was an action of debt, brought by the appellee, the plaintiff below, as bankrupt assignee of Howard, Cole & Co., against the county of Claiborne, Tennessee,, on its bond or obligation, dated 7th day of April, 1868, payable to one V. H. Sturm or order for $5,000, with interest, and indorsed by Sturm to Howard, Cole & Co. The following is a copy of the bond, together with the indorsement thereon, to wit: “ County Court. April Term, 1868. “ The State oe Tennessee, Gounty of Claiborne: “ On or before…
1Opinion of the CourtJustice Bradley
He stated the facts as above, and continued:
From the instructions requested by the defendant and those given by the court (although there is a want of explicitness in the bill of exceptions), we gather that the real controversy was, whether the defendant could set up against the assignees of the bond a defence (such as payment) which would have been good against Sturm, the original holder, as to whom evidence was given tending to show that he had received from the county all, or nearly all, that he was entitled to, independently of the bond sued on. Unless this was the real controversy we do…
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