Kerr v. Hamilton

U.S. District Court

Decided July 15, 1809

U.S. District Court · decided 1809-07-15

Assumpsit for money paid, and money bad and received. Plea, discharge under' tbe bankrupt law [of 1800 (2 Stat. 19)]. Replication, mat tbe money paid for tbe defendant [Robert ■ Hamilton] by tbe plaintiff [Alexander Kerr] was paid by bim to tbe United States in discharge of tbe defendant’s bond given for duties in wbicb the plaintiff was bis surety. General demurrer and joinder.

Decided 1809-07-15

THU COLRT

¶1(DUCKETT, Circuit Judge, absent), upon considering tbe several revenue laws and bankrupt law, decided that tbe plaintiff bad not tbe right of the United States to proceed against the person of tbe bankrupt, but only against bis' effects.

¶2Judgment for tbe defendant