James Clark McReynolds

“ Under such circumstances mere allegation that defendant unlawfully assumed to instruct one holding void letters testamentary to transfer such property without consideration is wholly insufficient to show an actionable breach of official duty, or adequately to point out personal damage suffered by plaintiff in error. Real estate cannot be dissipated by mere direction gratuitously to convey it issued without semblance of authority. ”

“ Section 1697, U.S. Revised Statutes, as amended by Act of December 21, 1898, c. 36, 30 Stat. 770 (Comp. St. § 3149) , requires every consul general, before receiving his commission, to execute a bond conditioned for the true and faithful performance of duties lawfully imposed upon him as such officer. It is copied in the margin. [1]
Purporting to proceed under this section plaintiff in error brought an action in the Supreme Court, District of Columbia, against James Linn Rodgers, once consul general at Shanghai, China, and the sureties upon his official bond. ”

“ In case of a breach of any such bond, any person thereby injured may institute, in his own name and for his sole use, a suit on said bond, and thereupon recover such damages as shall be legally assessed, with costs of suit, for which execution may issue for him in due form ”