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eBook details

• Title: Abner L. Duncan's Heirs and Representatives, Plaintiffs in Error v. United States
• Author : United States Supreme Court
• Release Date : January 01, 1833
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 82 KB

Description

ERROR to the District Court for the Eastern District of Louisiana. On the 22d November 1829, the district-attorney of the United States filed, on behalf of the United States, a petition, stating, that on the 4th of March 1807, William Carson, Abner L. Duncan and John Carson made and executed their bond to the United States, in the sum of $10,000, by which they bound themselves, and each of them, and either of their heirs, executors and administrators, that William Carson, paymaster of the United States, should well and truly perform and discharge, according to law, the duties of the office of paymaster of the United States, within the district of New Orleans. The petition alleged a breach of this bond by William Carson, paymaster, in having received, in his lifetime, large sums of money in that capacity, which he refused to pay into the treasury of the United States. And also that Abner L. Duncan had died, leaving property, and that by reason of the facts above stated, his heirs, to wit, John N. Duncan, Frances Duncan, wife of Frederic Conrad, Hannah Duncan, Elizah Duncan and Abner Duncan, all children of the said Abner L. Duncan, these last three named being minors, and also Frances S. Duncan, wife of the said Abner L. Duncan, who had accepted the community of her deceased husband, had become liable to pay, and were indebted to the United States, jointly and severally, in the sum of $10,000. The petition proceeded to pray, that John N. Duncan and Frances S. Duncan, and the aforesaid minors Hannah, Eliza and Abner Duncan, their tutors and curators, be cited to answer the petition, and that, after due proceedings had, they might have judgment against them, jointly and severally, for the sum of $10,000, with interest and costs. To this petition was annexed a copy of the bond, as follows: 'Know all men, by these presents, that we, William Carson, paymaster for the United States of America, within the district of New Orleans, Abner L. Duncan, John Carson and Thomas Duncan, Esquires, are held and firmly bound unto the said United States, in the penal sum of ten thousand dollars, money of the United States, to be paid to the said United States of America, for which payment well and truly to be made, we bind ourselves, and each of us, by himself, our and either of our heirs, executors and administrators, firmly by these presents. Sealed with our seals, and dated this fourth day of March 1807. The condition of this obligation is such, that if the above-bounden William Carson, paymaster for the United States of America, do and shall well and truly, according to law, perform and discharge the duties of said office of paymaster for the United States of America, within the district of Orleans, then the above obligation to be null and void, otherwise to remain in full force and virtue.

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