Henry Brockholst Livingston

“ Prout has been, who has not only refused to pay a note endorsed by him when due, but has put the holders to the trouble, delay and expence, of proceeding to judgment against him, has but little right to be dissatisfied, if a court of equity shall not think itself bound by any extraordinary exertions of its powers, to extricate him from a difficulty and loss which he might so easily have avoided.
The decree of the circuit court is reversed, and the complainant's bill must be dismissed, with the costs of that court, to be paid by the complainant to the defendant. ”

“ It is quite as probable he was acting under a fixed salary, which would not be affected by the event of the suit; and as to his responsibility, none could exist, if he had acted within the scope of his authority; and if he had transcended his power as agent, it would hardly be fair that his constituents should suffer by his act. ”

“ If he had done this, instead of censuring the conduct of Davidson, he might have issued a fieri facias himself, and secured a property, which if it has not been applied towards his relief, is owing more to his own neglect in not paying, in time, a debt justly due from himself, than to any other cause whatever.
A person so regardless of his interest, as well as duty, as Mr. ”