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“Debt on five obligations, executed by Joseph Hubbard as principal, and the defendant as surety, for certain sums of money, set forth in the declaration. The first count alleged that the defendant ‘on the 7th of August, 1819, at Bristol, by his certain writing obligatory, sealed with his seal, and which said writing obligatory the plaintiffs produce to the court here, in a mutilated state, and cannot otherwise produce the same, by reason that apart of the condition there underwritten, and the signature and seal of the said Spaulding, have been torn from the same and destroyed by the collector of the port of said Bristol, occasioned by the production to him of a false and fraudulent certificate, then supposed by him to be true, purporting that the merchandise specified in the said condition had been delivered at a port or place without the limits of the United States, at the island of St. Thomas, acknowledged himself to be held and firmly bound to the United States, in the sum of $207:18, to be paid to the said United States on demand; which said writing obligatory is subject to a certain condition, there underwritten, whereby, after reciting to the effect following, to wit, that whereas the following merchandise had been duly imported into the United States, by S. Cabot and J. & T. H. Perkins, in the ship Essex Junior, Hinman, master, from Calcutta, into the district of New York, the 3d of July, 1819, two bales of India cotton, which said merchandise had been reshipped by Joseph Hubbard, in order to export the same in the schooner Cintra, of Porto Praya, Juan Dupony, master, then in the port of Bristol, and bound for Cape de Verds, the condition of the said obligation, therefore, was such, that if the afore­said recited merchandise, or any part thereof, should not he relanded in any port or place within the limits of the United States . . .’”

Case Citation

2 Mason 478