UNITED STATES
v.
ALLSBURY

U.S. | 1866-12-01
4 Wall. 186 Supreme Court of the United States (1866) Positive Treatment
Also reported at: 18 L. Ed. 321 · SCDB 1866-008 · 1866 U.S. LEXIS 870
Cited by 12 cases
Opinion of the Court
Mr. Justice NELSON

Mr. Justice NELSON delivered the opinion of the court.

It is unnecessary to refer to authorities to show that the liability of the surety cannot exceed that of his principal; and that amount having been fixed by a judgment at law, it formed the rule to determine the sum to be recovered in this suit. The verdict and judgment were competent evidence on behalf of the surety for this purpose; indeed, the highest evidence of the fact. Other questions would have arisen if this judgment had been offered against the surety. The counsel for the government, if desirous of recovering a greater amount, should have postponed the trial of this case till the error had been corrected which was committed in the case against the principal. Then he would have been in a situation to avoid the effect of the erroneous judgment. This is the only question presented on the record.

Judgment aeeiRmed.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Moses v. United States, 166 U.S. 571 (U.S. 1897)
    …o faithfully expend and honestly account for. It was far beyond the penalty in the bond, and, unexplained, the judgment was sufficient evidence of the breach of condition. Drummond v. Executors of Prestman, 12 Wheat. 515 ; United States v. Allsbury, 4 Wall. 186; McLaughlin v. Bank of Potomac, 7 How. 220; Stovall v. Banks, 10 Wall. 583; Washington Ice Co. v. Webster, 125 U. S. 426. This completes the examination of the various questions which were argued at the bar by counsel for the defendants. Other ques…
  • J. W. Perry Co. v. City of Norfolk, 220 U.S. 472 (U.S. 1911)
  • Cent. Tr. Co. v. Manly, 100 F.2d 992 (5th Cir. 1939)
    …re entitled to use as a defense a favorable judgment as to the amount of the debt which the maker has won against the creditor, just as they would be to use any other defense not purely personal which the maker might have. United States v. Allsbury, 4 Wall. 186, 18 L.Ed. 321; Maine C. R. Co. v. National Surety Co., 113 Me. 465, 94 A. 929, L.R.A.1916A, 881; 21 R.C.L., Principal and Surety, § 130; 50 C.J., Principal and Surety, §§ 150, 329. The demurrer to the plea was properly overruled and the verdict was…

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