Legal Opinion
Phœnix Fire Insurance Co. v. Mowatt
New York Supreme Court
Decided February 15, 1827PublishedCited by 2 opinions
The defendant having put in special bail to this action, was afterwards convicted of a conspiracy, and sentenced to the New-York penitentiary for the term of two years.
1Opinion of the Court
Curia.
We have not relieved special bail in this way, by reason of their principal being in prison, unless for life, or for a long term of years in another state. (1 John. Cas. 28. 18 John. 35.) A temporary imprisonment for any cause, might as well be urged, as the ground now taken. Bail take the risk of such an event. Time, perhaps, may be given to surrender, where they are pressed with a suit; but to grant an exoneretur at once, for every imprisonment, would render the security worthless.
Motion denied.
2Cases cited1 opinion
- Jackson ex dem. Ruggles v. MartinNew York Supreme Court · 1820
3Cited by2 opinions
- People v. Peerless InsuranceAppellate Division of the Supreme Court of the State of New York · 1964
- Way v. WrightMassachusetts Supreme Judicial Court · 1843