Board of Education v. . Fonda
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, affirming a judgment in favor of plaintiff, entered upon the report of a referee.
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Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, affirming a judgment in favor of plaintiff, entered upon the report of a referee. This action was brought by plaintiff, a union free school incorporated under the common school act of 1864, upon an instrument in writing executed by defendant Wolcott as principal, and by the other defendants as sureties, to recover for an alleged failure upon the part of said Wolcott to account for and pay over moneys which came into his hands as treasurer of the plaintiff. The referee found substantially the…
1Opinion of the CourtFolgee, J.
The writing upon which this action is brought is not a bond. It is in the fashion of one. It has a penalty and condition. It recites that it is under the hands and seals of the obligors. Yet there are no seals to it. There are places for them; and the letters L. S. to each name, which mark those places but do nothing more. It is not an instrument in strict compliance with the statute : (Act of 1864, chap. 565, p. 1273, § 7.) When the Legislature said a bond, it meant a bond; Avhich is a form of taking security well known to the law; from its characteristics haying some sanctions not shared in…
2Cases cited8 opinions
- United States v. HodsonSupreme Court of the United States · 1870
- United States v. BoydSupreme Court of the United States · 1841
- United States v. LinnSupreme Court of the United States · 1841
- Gregory v. ThomasNew York Supreme Court · 1838
- Morse v. HodsdonMassachusetts Supreme Judicial Court · 1809
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3Cited by7 opinions
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- State v. PolkTennessee Supreme Court · 1884
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