United States v. Leary
Supreme Court of the United States
APPEAL FROM THE CIRCUIT COURT OF APPEALS FOR THE FOURTH CIRCUIT. The case is stated in the opinion. There was no extension to the bond-of 1902 of the agreement to indemnify Leary. That required an express agreement, which was lacking. United States v. Ryder, 110 U. S. 729. The averments of the intervention show, as matter of law, that the temporary bail bond for appearance of Greene before the commissioner had long prior to January 20, 1902, become functus officio.
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APPEAL FROM THE CIRCUIT COURT OF APPEALS FOR THE FOURTH CIRCUIT. The case is stated in the opinion. There was no extension to the bond-of 1902 of the agreement to indemnify Leary. That required an express agreement, which was lacking. United States v. Ryder, 110 U. S. 729. The averments of the intervention show, as matter of law, that the temporary bail bond for appearance of Greene before the commissioner had long prior to January 20, 1902, become functus officio. Even if Leary had proved an express contract relative to the bond of 1902, her claim would be inferior to that of the Government.…
1Opinion of the CourtJustice Holmes
This proceeding began as a suit by the United States to charge the defendant Kellogg with a trust in respect of funds alleged to have been received by him from Greene and to have been obtained from the plaintiff by Greene through his participation in the well-known Carter frauds. United States v. Carter, 217 U. S. 286. After the evidence had been taken, leave to intervene was granted, on terms, to the administratrix of the estate of James D. Leary, predecessor of the present Leary appellees. 224 U. S. 567. The fund now in question is four hundred shares of the stock of the Norfolk and Western…
2Cases cited4 opinions
- National Bank v. Insurance Co.Supreme Court of the United States · 1881
- United States v. CarterSupreme Court of the United States · 1910
- Greene v. HenkelSupreme Court of the United States · 1902
- Leary v. United StatesCourt of Appeals for the Fourth Circuit · 1915
3Cited by7 opinions
- St. Louis & San Francisco Railroad v. SpillerSupreme Court of the United States · 1927
- United States v. Standard Oil Company of CaliforniaDistrict Court, S.D. California · 1937
- Martin Energy Services, L.L.C. v. Bourbon Petrel MCourt of Appeals for the Fifth Circuit · 2020
- United States v. SullivanDistrict Court, W.D. New York · 1937
- Leary v. United StatesCourt of Appeals for the Fourth Circuit · 1919
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