
    McPHERSON’S CASE.
    (10 C. Cls. R., 438;
    not reported in U. S. R.)
    John D. McPherson, administrator, &c., appellant, v. The United States, appellees.
    
      On the claimant’s Appeal.
    
    
      Carter, Jennings if Roddy are partners under speeial article of copartnei’ship. Carter, in 1812, contracts with the Government to furnish rations to the Army in Georgia. It is questionable whether the copartnership agreement covers this contract, hut it appears that R. aided in furnishing the rations in Georgia, and that J. acted financially for C. at the Treasury. G. dies before the contract is completed. R., who is one of his sureties, carries out the contract, and J. settles the account at the Treasury. G.’spersonal representatives do notact at the time, hut they now insist that the Treasury had no right to deal with J. after C.’s death, amd seek to recover the payment made to him. By the account stated at the Treasury it. appears that at the time of O.’s death the Treasury was in advance to him. Ho other evidence is offered.
    
    ■The. court helo-vv decides that where a contractor with the Government dies leaving his contract partially unperformed, neither his surety nor his general partner has a right to involve his estate in debts or obligations by attempting to fulfill his agreement; but if the surety or general partner does complete the performance and is paid by the Treasury, the administrator cannot come in andr recover over again the money paid for goods which were furnished by the surety subsequent to the contractor’s death.
    The judgment of the court below is affirmed, no opinion being given by the Supreme Court.
   The Chief Justice

announced the decision of the Supreme Court, February 4, 1878, but no opinion has since been hied.  