White v. Blake
New York Supreme Court
Special bail. The defendant became special bail for Asa F. Cochrane, a non-resident debtor in an action upon contract, ,at the suit of the plaintiff, brought in the New-York common pleas. In January, 1839, judgment was recovered in favor of the plaintiff. In June following a ca. sa. against the principal was returned non est. In December, 1839, the plaintiff commenced this action against the bail, who obtained an order enlarging the time to surrender until May last.
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Special bail. The defendant became special bail for Asa F. Cochrane, a non-resident debtor in an action upon contract, ,at the suit of the plaintiff, brought in the New-York common pleas. In January, 1839, judgment was recovered in favor of the plaintiff. In June following a ca. sa. against the principal was returned non est. In December, 1839, the plaintiff commenced this action against the bail, who obtained an order enlarging the time to surrender until May last. Before the time expired, the act placing non-residents upon a footing with resident debtors as to imprisonment was passed,…
1Opinion of the Court
By the Court,
Bronson, J.
The plaintiff’s counsel is right in saying that if the principal had died after the return of the ca. sa., the bail could not have been relieved. But the case which he cites recognizes a distinction upon which we have often acted, that where the principal has been discharged under an insolvent act before the period allowed ex gratia for surrendering has expired, the bail are entitled to relief. The discharge is held equivalent to a surrender. The same rule was applied in a case where the right to imprison the principal was taken away by the legislature. Russell v.…
2Cases cited1 opinion
- Russell v. ChampionNew York Supreme Court · 1833
3Cited by3 opinions
- Miller v. CommonwealthCourt of Appeals of Kentucky · 1921
- Hayes v. CarringtonThe Superior Court of New York City · 1861
- Keyes v. BennettAppellate Court of Illinois · 1905