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Meigs And Meigs Accounting 9th Edition Pdf 739

admit that the government advanced money to king under the requisition already referred to in this opinion. and it is not shown in this case whether the money was advanced by the treasury department or by the general land office. but if the money was advanced by the government in the manner alleged, the surety would not be liable, because he had no notice of the requisition, no notice that the money had been received by the government, and no knowledge that the government had advanced it to king. the first knowledge that the surety had of the requisition was when the assignment was made, and that was on the 9th of april, 1854, less than a month before the case was tried. it is difficult to see how the surety could be held liable for a debt that the government has not yet paid, or what right the government has to charge the surety for a debt which the government itself has not paid. it is true the government had a right to make the requisition for the $20,000 on king, and had a right to pay him the money, whether he had advanced it to himself or not, but we are not prepared to hold that, without an express agreement, a request made in the name of a person and transmitted to the government, is notice to the government that it will be paid to that person. it is not shown in this case that any agreement was made between king and the government by which it was agreed that the government should pay the money in case king should be paid the moneys by meigs. if it was intended that the government should pay the money to meigs and that the latter should pay king, the requisition should have been made in his name, and the government, no doubt, would have paid the money to meigs, but it does not appear that this was the agreement between them. at any rate the government has not paid it, and it would be irregular, if not illegal, to hold that the surety is liable for a debt which the government has not paid.

admit that the government advanced money to king under the requisition already referred to in this opinion. and it is not shown in this case whether the money was advanced by the treasury department or by the general land office. but if the money was advanced by the government in the manner alleged, the surety would not be liable, because he had no notice of the requisition, no notice that the money had been received by the government, and no knowledge that the government had advanced it to king. the first knowledge that the surety had of the requisition was when the assignment was made, and that was on the 9th of april, 1854, less than a month before the case was tried. it is difficult to see how the surety could be held liable for a debt that the government has not yet paid, or what right the government has to charge the surety for a debt which the government itself has not paid. it is true the government had a right to make the requisition for the $20,000 on king, and had a right to pay him the money, whether he had advanced it to himself or not, but we are not prepared to hold that, without an express agreement, a request made in the name of a person and transmitted to the government, is notice to the government that it will be paid to that person. it is not shown in this case that any agreement was made between king and the government by which it was agreed that the government should pay the money in case king should be paid the moneys by meigs. if it was intended that the government should pay the money to meigs and that the latter should pay king, the requisition should have been made in his name, and the government, no doubt, would have paid the money to meigs, but it does not appear that this was the agreement between them. at any rate the government has not paid it, and it would be irregular, if not illegal, to hold that the surety is liable for a debt which the government has not paid.
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