Legal Opinion

Kingsley v. Balcome

New York Supreme Court

Decided August 14, 1848PublishedCited by 18 opinions

The plaintiff became bail for the appearance of one McMillen at the Ontario general sessions, to answer to a charge of perjury. He entered into the recognizance at the request of the defendant, who in consideration that the plaintiff would become such bail, “ undertook and promised that the said Peter McMillen should appear,” &c. and that he the defendant “ would indemnify and save harmless” the plaintiff from all damages by reason of becoming such bail.

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The plaintiff became bail for the appearance of one McMillen at the Ontario general sessions, to answer to a charge of perjury. He entered into the recognizance at the request of the defendant, who in consideration that the plaintiff would become such bail, “ undertook and promised that the said Peter McMillen should appear,” &c. and that he the defendant “ would indemnify and save harmless” the plaintiff from all damages by reason of becoming such bail. McMillen failed to appear, and the plaintiff was compelled to pay the penalty of the recognizance. This action was brought upon these…

1Opinion of the Court

By the Court, Sill, J.

“ In the following cases, every agreement shall be void unless such agreement, or some note or memorandum thereof, expressing the consideration, be in writing, and subscribed by the party to be charged therewith. 1. Every agreement which by its terms is not to be performed within one year from the making thereof. 2. Every special promise to answer for the debt, default or miscarriage of anoth*133er person.” (2 R. S. 136, § 2.) If this were a new question, it •would not appear to me to be one of any difficulty. The contract would seem to be both within the letter of the…

2Cases cited4 opinions

  1. Barker v. BucklinNew York Supreme Court · 1846
  2. Chapin v. MerrillNew York Supreme Court · 1830
  3. Strohmier v. StumphIndiana Superior Court · 1873
  4. Harrison v. SawtelNew York Supreme Court · 1813

3Cited by18 opinions

  1. Mallory v. . GillettNew York Court of Appeals · 1860
  2. Fullam v. AdamsSupreme Court of Vermont · 1864
  3. Tighe v. . MorrisonNew York Court of Appeals · 1889
  4. Bissig v. BrittonSupreme Court of Missouri · 1875
  5. Horn v. BrayIndiana Supreme Court · 1875

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