“Error to the District Court for the Southern District of New-York. The plaintiffs declared in the Court below, upon a bond executed by the defendants to the plaintiffs, on the 22d day of August, 1816, in the penal sum of 5,000 dollars, with the following condition. ‘The condition of this obligation is such, that whereas the above bounden Lieut. James W. Lent, junr., has been appointed a Battalion Quarter-Master in the corps of artillery, and has accepted said appointment. Now if the said Lieut. James W. Lent, junr., shall and doth at all times henceforth and during his holding and remaining in said office, faithfully expend all public monies, and honestly account for all public property which may come into his hands in his said capacity of Battalion Quarter-Master, without fraud or delay, then the above obligation to be void, otherwise to remain in full force and virtue. J. W. Lent, junr. J. W. Lent.’”
1 Paine 417