Flanders v. Seelye
105 U.S. 718

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U.S. Supreme Court

Flanders v. Seelye, 105 U.S. 718 (1881)

Flanders v. Seelye

105 U.S. 718

Syllabus

Cotton seized under color of the Act of March 12, 1863, c. 20, was by A., the Deputy General Agent of the Treasury, consigned, subject to freight and charges, to B., Supervising Special Agent of the Treasury at New Orleans. It was there received by a firm who paid the charges on A.'s order, to hold "the amount against the cotton." Shortly thereafter, A. directed B. to deliver the cotton to C., the claimant, upon his giving a bond of indemnity. C. gave the required bond to save harmless the government, the seizing agent, and the officers and agents of the Treasury on account of the seizure and detention of the cotton, and, on paying freight and charges, he, by order of B., received the cotton. He subsequently sued the firm for the amount so paid and recovered judgment, which a member of the firm paid, and then brought this action against A. for the money.

Held:

1. That A., being neither a party nor a privy to the suit of C. against the firm, and it not appearing that notice of its pendency was ever given to him or any agent of the government, he is not bound by the judgment there rendered.

2. That the court below having in this action given a certificate of probable cause, as provided by sec. 989, Rev.Stat., it appears that A. could have successfully defended the suit brought by C., and been protected by the bond given by the latter.

The facts are stated in the opinion of the Court.

Page 105 U. S. 719

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