United States v. Sawyer
U.S. Circuit Court for the District of Massachusetts
[Error to the district court of the United States for the district of Maine.] The original action was debt by the United States, against the defendant in error [Abner Sawyer, Jr.], on a bond dated on the 17th March, 1809, for $3,746. The defendant craved oyer of the condition of the bond; and upon oyer granted, the condition appeared to be in the following words: “Whereas, the following goods, wares, and merchandize, that is to say, 130 thousand feet of boards, 9 thousand…
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[Error to the district court of the United States for the district of Maine.] The original action was debt by the United States, against the defendant in error [Abner Sawyer, Jr.], on a bond dated on the 17th March, 1809, for $3,746. The defendant craved oyer of the condition of the bond; and upon oyer granted, the condition appeared to be in the following words: “Whereas, the following goods, wares, and merchandize, that is to say, 130 thousand feet of boards, 9 thousand red oak hogshead staves, 100 thousand shingles, 150 red oak hogshead shooks, 15 quintals of fish in 20 boxes, as per…
1Opinion of the Court
STORY, Circuit Justice.
It is exceedingly to be regretted, that this case comes before the court upon pleadings so informally and incorrectly drawn, and to add to our embarrassment, though a question arises upon the bond, as to its legality, the condition only is spread upon the record. Oyer of the condition of the bond only is prayed, and it is very clear that the oyer of that does not entitle the party to oyer of the bond itself; but it must be demanded of both, if wanted (Cook v. Remington, 6 Mod. 237), for the bond and condition are considered as distinct, the bond being complete without'…
2Cases cited3 opinions
- Morse v. HodsdonMassachusetts Supreme Judicial Court · 1809
- Keyes v. StoneMassachusetts Supreme Judicial Court · 1809
- Brown v. ClarkNew York Supreme Court · 1808
3Cited by2 opinions
- Bank of United States v. BrentU.S. Circuit Court for the District of District of Columbia · 1826
- State v. O'BrienSupreme Court of Rhode Island · 1862