Goode v. Alt

McAdam, Ch. J.

The condition of the bond is that sureties “will keep said Goode (the marshal) harmless, and pay any judgment that may be recovered for the taking of said property.” The record shows that judgment was recovered against the marshal for said taking, December 18, 1884, for $272.45. The failure of the sureties to pay this judgment constituted a breach of the condition of the bond, and gave rise at once to a cause of action without payment of the judgment by the marshal (John*168son v. Gilbert, 9 Hun, 469). The Code, section 1427, provides that the officer to whom such a bond is given,…