United States v. Union Bank

Citations

• 8 La. Ann. 388

Syllabus

<p>The Act of Congress of 8d March, 1849, which authorizes the Secretary of the Treasury to discharge the sureties of Thomas GiVbes Morgan from the payment of one-third of the judgment against them, on their paying or securing the residue, does not assign to the sureties the rights of the Government against parties with whom Morgan had dealt officially. The assignment made by the Secretary to the sureties, and the permission given by that officer to them to use the name of the United States for their benefit, was unauthorized by law.</p> <p>As a general rule, it is more than questionable whether the Court, in an action of this kind, can disregard the usees, and give a judgment for the nominal plaintiff. But in the present case, public policy, no less than legal principle, and the peculiar facts disclosed in evidence, preclude us from allowing the usees to disappear, and to substitute another actor in their place.</p> <p>The use of the name of the Government, with all its privileges and prerogatives, in the prosecution of individuals, for the benefit of other individuals, must be discountenanced by this Court.</p>