Bagley v. Clarke
The Superior Court of New York City
Appeal by the plaintiff from a judgment against him, and from an order denying a motion made by him for a new trial. The action was commenced Nov. 30, 1848, and tried Jan. 19, 1859, before Mr. Justice Woodruff and. a jury.
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Appeal by the plaintiff from a judgment against him, and from an order denying a motion made by him for a new trial. The action was commenced Nov. 30, 1848, and tried Jan. 19, 1859, before Mr. Justice Woodruff and. a jury. The complaint alleges the making of a written and sealed contract between the plaintiff and the defendant Clarke, dated Dec. 8, 1845, by which the latter agreed to render services for the former, as hereinafter stated, and sets forth a copy of the contract; and also alleges that the defendants, Clarke and Gurney, executed their penal bond to the plaintiff, also dated Dec.…
1Opinion of the CourtBy the Court. Hoffman, J.
—The question as to the surety on the bond, the defendant Gurney is perfectly clear. *107He covenanted to be responsible for the performance of a contract, which secured to his principal a fixed salary of four hundred dollars for the first three years, and five hundred dollars for the remaining two years, and bound him to serve the plaintiff and no one else. Without the sureties’ knowledge or consent this is changed into a contract, making the rate of compensation depend upon the quantity of work, rendering it wholly indefinite, making the term of service uncertain, and binding the principal to…
2Cases cited1 opinion
- McWilliams v. MasonThe Superior Court of New York City · 1857
3Cited by1 opinion
- Western New York Life Insurance v. ClintonNew York Court of Appeals · 1876