Carpenter v. Stevens
New York Supreme Court
Demurrer to plea. The plaintiff, as late sheriff of Madi. son county, declared on a replevin bond executed by Stevens as the plaintiff, and the others as his sureties, in a replevin suit commenced against R. Tone and B. Q. Wright, for a mare alleged to have been taken by them from the possession of Stevens. The bond was in the usual form, to prosecute the suit with effect, and to return the property if return should be adjudged.
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Demurrer to plea. The plaintiff, as late sheriff of Madi. son county, declared on a replevin bond executed by Stevens as the plaintiff, and the others as his sureties, in a replevin suit commenced against R. Tone and B. Q. Wright, for a mare alleged to have been taken by them from the possession of Stevens. The bond was in the usual form, to prosecute the suit with effect, and to return the property if return should be adjudged. The plaintiff averred that judgment de retorno ha-bendo was rendered in favor of the defendants in the replevin suit, and for breach alleged that the property had not…
1Opinion of the Court
By the Court,
Sutherland, J.
The case seems to fall within the principle laid down by Lord Coke, 1 Inst. 206, a. b., that where the condition of a bond or recognizance, áse. is possible at the time of the making of it, and before the same can be performed, it becomes impossible, by the act of God, or of the law, or of the obligee, there the obligation is saved — as if a man be bound by recognizance or bond, with condition that he shall appear at the next term in such a court, and before the day he dieth, the recognizance or obligation is saved ; but if the condition be impossible at the time of…
2Cited by26 opinions
- Dexter v. . NortonNew York Court of Appeals · 1871
- Wolfe v. . HowesNew York Court of Appeals · 1859
- Suydam v. Jenkins, SheriffThe Superior Court of New York City · 1850
- Griffith v. Blackwater Boom & Lumber Co.West Virginia Supreme Court · 1904
- The People v. . TubbsNew York Court of Appeals · 1868
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