Pawling and Others v. The United States
Supreme Court of the United States
Error to the District Court for the district of Kentucky, in an action of debt, upon an official bond given by Ballinger, as collector of the revenue, and signed and sealed by Pawling, Todd, Adair and Kennedy, as his suretief, who pleaded that they delivered the same as an escrow to one Joseph Ballinger, to be safely kept; upon condition, that if Simon Ingleman and William Patton, named on the face of the bond, should execute the same as co-sureties, then the bond should be…
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Error to the District Court for the district of Kentucky, in an action of debt, upon an official bond given by Ballinger, as collector of the revenue, and signed and sealed by Pawling, Todd, Adair and Kennedy, as his suretief, who pleaded that they delivered the same as an escrow to one Joseph Ballinger, to be safely kept; upon condition, that if Simon Ingleman and William Patton, named on the face of the bond, should execute the same as co-sureties, then the bond should be delivered to James Morrison, supervisor, on behalf of the United States, as their deed, and not otherwise ; and that the…
1Opinion of the Court
Marshall, Ch. J.,
delivered the opinion of the court as follows : — In this case, two points are made for the consideration of the court. It is contended by the plaintiffs in error, 1st. That judgment on the demurrers to evidence should have been rendered for the defendants in the court below. 2d. That Joseph Ballinger ought to have been admitted as a witness.
The general doctrine on a demurrer to evidence has been correctly stated at the bar. The party demurring admits the truth of the testimony to which *9091 ke demurs, *an<l also those conclusions of fact which a jury may fairly -* draw from that…
2Cited by109 opinions
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- Slocum v. New York Life InsuranceSupreme Court of the United States · 1913
- Thomas Byrd v. William P. BrishkeCourt of Appeals for the Seventh Circuit · 1972
- Burke v. DulaneySupreme Court of the United States · 1894
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