Alexander Kerr v. Robert Hamilton

Alexander Kerr v. Robert Hamilton. A surety, who has paid money for a bankrupt in discharge of a duty-bond, has not the right of the United States to proceed against the person of the bankrupt, but only against his effects. Assumpsit for money paid, and money had and received. Plea, discharge under the bankrupt law. Replication, that the money paid for the defendant by the plaintiff, was paid by him to the United States in discharge of the defendant’s bond given for duties in which the plaintiff was his surety. [MAJORITY — The Court] General demurrer and joinder. The Court (Duckett, J., absent,) upon considering the several revenue laws and bankrupt law, decided that the plaintiff had not the right of the United States to proceed against the person of the bankrupt, but only against his effects. Judgment for the defendant.