Opinion of the Supreme Court of the United States at January Term 1832

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Allen C. Lewis Lehrman. Mark Forsyth. Jill Lepore. Thomas Paine. Caitlin Murray. MIM E Rivas. Dick Winters.

Davis v. Packard :: 31 U.S. 41 () :: Justia US Supreme Court Center

Frederick Douglass. Dominic A Pacyga.

Lee Smith. Robert W. Anne Gardiner Perkins.


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    Howes M ; DeRenne Vol. Inventory : Filed: January 24th, Precedential Status: Precedential. Citations: 31 U. LEXIS Docket Number: Unknown. Supreme Court Database ID: Author: Smith Thompson. This case comes up on a writ of error to the circuit court of the United States for the district of Columbia. The judgment in the court below was given upon a statement of facts agreed upon between the parties, substantially as follows.

    Triplett and Neale, in April , recovered a judgment against the Bank of Washington for eight hundred and eighty-one dollars and eighteen cents. A writ of error was prosecuted by the Bank of Washington, and that judgment was reversed by this Court at the January term But whilst that judgment was in full force, and before the allowance of the writ of error, Triplett and Neale, on the 30th of August , sued out an execution against the Bank of Washington, and inclosed it to Richard Smith, cashier of the office of discount and deposit of the Bank of the United States at Washington, with the following indorsement:.

    States, Washington city.

    Davis v. Packard, 31 U.S. 41 (1832)

    Smith, cashier. Mackall, who was the runner in the branch bank, presented the execution to the Bank of Washington and received the amount due thereon, on the 9th of September At the time of receiving the same, William A. Bradley, cashier of the Bank of Washington, verbally gave notice to said Mackall. Mackall paid the money over to Smith, who entered it to the credit of Neale, one of the plaintiffs in the execution.

    Before the execution was sent to Smith, Neale had promised him to appropriate the money, expected to be recovered from the Bank of Washington, to reduce certain accommodation discounts, which he had running in the office of discount and deposit. Immediately on the receipt of the money, Smith wrote to Neale informing him thereof, and asking him for specific directions how to apply it; which letter Neale immediately answered, giving him directions, and the money was applied according to such directions.

    Upon this statement of facts the court below gave judgment for the plaintiffs: to reverse which, the present writ of error has been brought.


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    6. That the Bank of Washington, on the reversal of the judgment of Triplett and Neale, is entitled to restitution in some form or manner, is not denied. The question is, whether recourse can be had to the Bank of the United States, under the circumstances stated in the case agreed. When the money was paid by the Bank of Washington, the judgment was in full force, and no writ of error allowed, or any measures whatever taken, which could operate as a supersedeas or stay of the execution.

      Whatever therefore was done under the execution, towards enforcing payment of the judgment, was done under authority of law. Had the marshal, instead of the runner of the bank, gone with the execution and received the money, or coerced payment; he would have been fully justified by authority of the execution: and no declaration or notice on the part of the Bank of Washington of an intention to appeal to the Supreme Court would have rendered his proceedings illegal, or made him in any manner responsible to the defendants in the execution.

      Suppose it had become necessary for the marshal to sell some of the property of the bank to satisfy the execution, the purchaser would have acquired a good title under such sale, although the bank might have forbid the sale, accompanied by a declaration of an intention to bring a writ of error.

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      This could not revoke the authority of the officer, and while that continued, whatever was done under the execution would be valid.