Milanese v. Surety

The defendant voluntarily returned to the jail limits before the action was commenced against the sheriff or surety by service upon them. This constituted a defense to the action which inured to the benefit of the surety. (Correction Law, §§ 528, 550; Carruth v. Church, 6 Barb. 504; Visscher v. Gansevoort, 18 Johns. 496; Van Hoesen v. Holley, 9 Wend. 209; Andrews v. Hart, N. Y. L. J. June 12,1918, Donnelly, J.; Strauss v. National Surety Co., Id. Dec. 4, 1931, Wasservogel, J.) In any event the prisoner’s voluntary return to the jail limits on February 10, 1932, was prevented by plaintiff,…