Ridgway v. Barnard
New York Supreme Court
APPEAL from a judgment entered at a special term. The action was upon a bond given to the late sheriff of Kings county, upon his admitting to the jail limits, or jail liberties, one James Conroy, who was imprisoned on a ca. sa. The plaintiff claimed to recover upon the bond, by virtue, of an assignment thereof, executed by the under sheriff of the former sheriff, some seven months after the appointment of a new sheriff and notice thereof to the under sheriff.
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APPEAL from a judgment entered at a special term. The action was upon a bond given to the late sheriff of Kings county, upon his admitting to the jail limits, or jail liberties, one James Conroy, who was imprisoned on a ca. sa. The plaintiff claimed to recover upon the bond, by virtue, of an assignment thereof, executed by the under sheriff of the former sheriff, some seven months after the appointment of a new sheriff and notice thereof to the under sheriff. Judgment was given for the defendant, and the plaintiff appealed.
1Opinion of the Court
By the Court, Brown, J.
I still think, as I thought upon the trial, that the plaintiff cannot recover in this action. Whatever rights he has td the bond he derives under the assignment from Caspian A. Sparks, late under sheriff of the county, of Kings; and unless his assignor could have maintained an action upon the bond, no right of action passed to the assignee. The bond was given to Jerome Byerson, late sheriff of Kings, upon admitting to the limits of said liberties James Conroy, imprisoned upon a ca. sa. at the suit of Margaret Daker. The sheriff died on the 31st of March, 1857, after the…
2Cases cited1 opinion
- Hinds v. DoubledayNew York Supreme Court · 1839