John McLean

“ If in violation of his duty, an officer shall knowingly, or even corruptly, do an act injurious to the public, can it be considered obligatory? He can only bind the government by acts which come within a just exercise of his official power.
The payment to the assignee of the Crarys can in no respect affect the claim now set up against the assignee of Smith.
An objection is urged on the ground that the United States have failed to prosecute their claim with sufficient diligence, and that it is subject to the imputation of staleness. ”

“ If the discharge of the principal, under such circumstances, should be a release of the debt against the surety, the consequence would be, that the principal must remain in jail until the process of the law were exhausted against his surety. This would operate against the liberty of the citizen; and should be avoided, unless required to secure the public interest.
A discharge from prison by operation of law, does not prevent the judgment creditor from prosecuting his judgment against the estate of the defendant. ”

“ Smith, under the insolvent law of Rhode Island, having assigned all his property for the benefit of his creditors, could not, by a subsequent assignment to the United States, affect the first transfer. The government can set up no right, under the second assignment, which might not be claimed by any other creditor. ”