United States v. Cushman
U.S. Circuit Court for the District of New Hampshire
Bill In equity, by the United States, against Samuel Cushman, administrator of John Abbott. The parties agreed to the following statement of facts: On 25th February, 1828, Willis Barnabee, with J. N. Sherburne and John Abbott as sureties, made their joint and several bond to the United States, in the sum of $2,400, conditioned to pay certain duties on or before the 25th August, 1829, due on goods imported by the said Barnabee.
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Bill In equity, by the United States, against Samuel Cushman, administrator of John Abbott. The parties agreed to the following statement of facts: On 25th February, 1828, Willis Barnabee, with J. N. Sherburne and John Abbott as sureties, made their joint and several bond to the United States, in the sum of $2,400, conditioned to pay certain duties on or before the 25th August, 1829, due on goods imported by the said Barnabee. On 2Sth August, 1829, a joint suit against the said obligors was commenced, and judgment rendered thereon on the 8th October, 1829, in favor ■ of the United States, for…
1Opinion of the Court
STORY, Circuit Justice.
This case has been already before the court in an action of debt, founded upon the joint judgment (referred to in the proceedings), and brought against the present defendant; and the court were then of opinion, that, as an action founded upon the joint judgment, it was not maintainable against the defendant, as administrator of Abbott; but, that at law the judgment survived exclusively against Bar-nabee and Sherburne. [Case No. 14,907.] The present bill in equity is brought to recover the amount of the same judgment out of the assets of Abbott in the hands of the…
2Cases cited3 opinions
- Ward v. JohnsonMassachusetts Supreme Judicial Court · 1816
- Wiser v. BlachlyNew York Court of Chancery · 1815
- Berg v. RadcliffNew York Court of Chancery · 1822
3Cited by5 opinions
- Frost v. ThompsonMassachusetts Supreme Judicial Court · 1914
- Olmsted v. OlmstedSupreme Court of Connecticut · 1871
- Twin Falls Canal Co. v. FooteU.S. Circuit Court for the District of Idaho · 1911
- State Bank v. FowlerSupreme Court of Arkansas · 1860
- Weil v. GuerinOhio Supreme Court · 1884