People v. Foot
New York Supreme Court
THIS was an action of debt on a bond, given by Russel Atwater, one of the commissioners of loans for the county of St. Lawrence, and by the defendant Foot, as his surety f pursuant to the “ act authorizing the loan of moneys to the citizens of this state,” passed April 11, 1808. (Sess. 31. ch. 216. 5 Webs. ed. 393.) The condition of the bond was z for the faithful performance of the office and duty of a com- ..... . missioner lor loaning money, pursuant to the act, &c. . 1…
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THIS was an action of debt on a bond, given by Russel Atwater, one of the commissioners of loans for the county of St. Lawrence, and by the defendant Foot, as his surety f pursuant to the “ act authorizing the loan of moneys to the citizens of this state,” passed April 11, 1808. (Sess. 31. ch. 216. 5 Webs. ed. 393.) The condition of the bond was z for the faithful performance of the office and duty of a com- ..... . missioner lor loaning money, pursuant to the act, &c. . 1 he breach assigned was for a default, by R. A., in the payment of interest, to the amount of 134 dollars and 19 cents,…
1Opinion of the Court
Spencer, Ch. J,
delivered the opinion of the Court. Atwaler resigned his office on the 19th of March, 1818, and the council accepted his resignation, and appointed a successor. .. . , , . , , . ., lhe question is, whether under the 13th section of the act referred to, the defendant is discharged as surety. That section enacts, that if any of the commissioners appointed unijer that act, shall desire to be discharged from office, and *59shall signify such desire to the council of appointment, the council, upon being satisfied that such commissioner hath faithfully demeaned himself, according to the…
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