Douglass v. Clark
New York Supreme Court
THIS was an actioníóf debt on bond. The condition of the bond, as set forth in the oyer, was as follows“ Whereas the said Zebulon (the plaintiff) and Levi Rice, heretofore executed their bond to the United States, conditioned to pay the collecof the twentieth collection district of the state of New-York, the amount of duty payable by the said Levi Rice, by virtue of the act of congress of the United Slates, passed the 24th day of July, 1813, entitled an act, laying duties on…
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THIS was an actioníóf debt on bond. The condition of the bond, as set forth in the oyer, was as follows“ Whereas the said Zebulon (the plaintiff) and Levi Rice, heretofore executed their bond to the United States, conditioned to pay the collecof the twentieth collection district of the state of New-York, the amount of duty payable by the said Levi Rice, by virtue of the act of congress of the United Slates, passed the 24th day of July, 1813, entitled an act, laying duties on licenses to distillers of spirituous liquors, on two certain stills of the said Levi Rice, situate in Lenox, as by the…
1Per curiam
Whether this plea be good or not will depend upon what is to be deemed the true construction of this bond. If the defendant is to be considered as undertaking to pay off and discharge the recited bond, the plea is bad •, but if it .be considered a bond of indemnity, and to save the plaintiff harmless from all damages, by reason of the recited bond, the plea, is good. (1 Saund. 117. n. 1. 1 Bos. and Pull. 688.) We are inclined to think the good sense and sound interpretation of the bond is according to the latter construction, and that the words, “ pay off and discharge” were thrown in,…
2Cited by9 opinions
- Rockfeller v. DonnellyCourt for the Trial of Impeachments and Correction of Errors · 1826
- Taliaferro v. BrownSupreme Court of Alabama · 1847
- McDonald v. EdgertonNew York Supreme Court · 1849
- Burrows v. TrieberCourt of Appeals of Maryland · 1864
- Forbes v. McCoyNebraska Supreme Court · 1884
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