Robert Trimble

“ That where the ict expressly directs a defaulting officer to be recalled at the expiration of six months from the time of his default, his sureties are not discharged, but remain liable for his defaults thereafter, until he is actually recalled.
If the second instruction given to the jury was intended to inform them that the defendant, as surety of Swartwout, was not legally responsible for money placed by the government in his hands, after the legal termination of his office, it was unquestionably correct; and this is the sense in which we suppose the Court meant to be under stood. ”

“ It was a conclusion drawn by that Court from the premises it had assumed in the former instruction given, and the error of these premises having been shown, the error of the conclusion necessarily follows. ”

“ From the best information I can obtain, it seems pretty certain that if we foreclose the mortgage given to the United States by General Robert Swartwout, and expose the property to sale, subject to a previous mortgage given to Mr. Costers we shall lose the whole, or nearly all of our debt, this property being our only reliance, if the sureties should be discharged by due course of law from their responsibility for the payment of it. ”