The United States v. January and Patterson
| Decision Date | 16 March 1813 |
| Citation | 3 L.Ed. 443,11 U.S. 572,7 Cranch 572 |
| Parties | THE UNITED STATES v. JANUARY AND PATTERSON |
| Court | U.S. Supreme Court |
ERROR to the Circuit Court for the district of Kentucky.
This case was submitted to the Court without argument, and
In this cause the opinion of the Court is required on a single point. The facts are these:
The supervisor of the revenue, for the district of Ohio, in due form of law appointed John Arthur collector of the revenue for the first division of the first survey of the said district. Arthur, on the 25th day of August, 1797, together with the Defendants, his sureties, executed a bond to the United States, in the penalty of $4000, with condition that Arthur should truly and faithfully execute and discharge all the duties of said office according to law. The supervisor, for greater security to the government, was in the habit of renewing the commission, and renewing the office bond; and on the 23d day of March, 1799. Arthur executed another bond to the United States with Robert Patterson surety, in the penalty of $6000 with this condition, 'that if the said John Arthur has truly and faithfully executed and discharged, and shall continue truly and faithfully to execute and discharge, all the duties of said office, and shall also render and settle his accounts according to law, then the obligation to be void,' &c.
Arthur proceeded to make the collections, and from the commencement of his duty to the 30th of June, 1802, was charged with the follection of $30,584 99 1-2. On the settlement of his account in the year 1803, he was in arrear $16,181 15 1-2. and suits were instituted on each of the bonds. The pleadings were the same in both actions. There was a plea of performance to which the Plaintiffs reply and allege, as a breach of the condition, that the Defendants have failed to collect and pay over the revenue arising within his district, & c. and are in arrear to the United States, &c. on which issue was joined. Pending the suits Arthur died; and they were prosecuted to judgment against the sureties only.
The supervisor kept one general account only against the collector. On the trial the Plaintiffs exhibited, on their part, the general account between them and the Defendant on which the balance, as beforementioned, is $16,181 15 1-2. They also exhibited the balance appearing to be due by terminating the account with the period when Arthur gave the second bond at the time his first commission was revoked, which was $6,483 59 1-2.
The Defendants, to support the issue on their part, offered the deposition of a witness who proved that James Morrison, the late supervisor of the revenue, informed him that Arthur had paid a sufficient sum to discharge the bond first...
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