United States Court of Appeals For the Ninth Circuit . s formally assigned (ex-cept Assignment I, which we shall not discuss) are directedto points raised in the foregoing argument, we deem it unnec-essary to treat them separately believing that to do so, wouldonly make this brief unusually long and in nowise aid the 29 court. We contend that on the whole case the lower courtshould, as a matter of law, have entered a judgment for theplaintiff for the $1736 which defendant Hoyt wrongfullyand unlawfully paid himself as special disbursing agent, andwe, therefore, ask that to that extent the judgm
United States Court of Appeals For the Ninth Circuit . s formally assigned (ex-cept Assignment I, which we shall not discuss) are directedto points raised in the foregoing argument, we deem it unnec-essary to treat them separately believing that to do so, wouldonly make this brief unusually long and in nowise aid the 29 court. We contend that on the whole case the lower courtshould, as a matter of law, have entered a judgment for theplaintiff for the $1736 which defendant Hoyt wrongfullyand unlawfully paid himself as special disbursing agent, andwe, therefore, ask that to that extent the judgment enteredherein be reversed and that this court enter judgment forthe plaintiff and against the defendants for said $1736 andinterest thereon at the rate of 6 per cent per annum (on $736from December 31, 1901; on $720 from March 31, 1902;on $728 from June 30, 1902), in addition to the amountfor which the judgment in the lower court was submitted, A. G. AVERY,United States Attorney. J. B. LINDSLEY,Assistant United States IN THE United States Circuit Court of Appeals FOR THK NINXH CIRCUIT. United States of America, Plaintiff in Erroi\ vs. Charles G. Hoyt and The United ^^ ^States Fidelity and GuarantyCompany, a corporation. Defendants in Error. Error to the United States District Court for the Eastern Districtof Washington, Eastern Division. BRIEF OF DEFENDANTS IN ERROR Statement of the Case. We apprehend tbat a somewhat fuller statement ofthe facts of the case than is given in the brief of theplaintiflf in error may be of assistance to the court ofreview. In 1900, the defendant Hoyt, whose home wasat Beatrice, Nebraska, was appointed one of three com-missioners to negotiate treaties with certain Indiantribes. He was also made disbursing agent of the com-mission (Record, p. 60), and upon the allegation of theGovernment that certain of his disbursements as dis- bursing agent were unauthorized, he and his surety, thedefendant, The United States Fidel
Size: 1215px × 2056px
Photo credit: © The Reading Room / Alamy / Afripics
License: Licensed
Model Released: No
Keywords: ., bookauthorunitedstatescourtofap, bookcentury1900, bookdecade1900
