Artcher v. Douglass & Wickoff
New York Supreme Court
Motion to set aside the report of a referee. The action was debt on a joint bond of the defendants executed on the 24th of August, 1839, to the plaintiff as sheriff of the county of Albany, in the penal sum of $7000. It was conditioned to be void if the defendants should well and truly indemnify and save harmless the plaintiff, his representatives, &c.
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Motion to set aside the report of a referee. The action was debt on a joint bond of the defendants executed on the 24th of August, 1839, to the plaintiff as sheriff of the county of Albany, in the penal sum of $7000. It was conditioned to be void if the defendants should well and truly indemnify and save harmless the plaintiff, his representatives, &c. “ of and from all damages, costs and charges which he has or may hereafter be subjected or put to, by reason of having taken certain goods, wares and merchandises, in the month of July last, under and by virtue of an attachment issued against…
1Opinion of the Court
By the Court, Beardsley, Ch. J.
This action is founded on an obligation under seal, by which the defendants became bound to indemnify and save harmless the plaintiff, of and from all damages, costs and charges, which he had been or might be subjected or put to, by reason of having taken certain goods, wares and merchandises, under and by virtue of an attachment issued against one Corl. There is nothing on the face of the obligation to show that the persons bound were sureties for any one, and the only question which presents any difficulty is, can *512they be allowed, at law, to prove that they…
2Cases cited3 opinions
- Pain v. PackardNew York Supreme Court · 1816
- People v. JansenNew York Supreme Court · 1811
- Griffith v. ReedNew York Supreme Court · 1839
3Cited by13 opinions
- Hubbard v. . GurneyNew York Court of Appeals · 1876
- Bathgate v. . HaskinNew York Court of Appeals · 1875
- Barry v. . RansomNew York Court of Appeals · 1855
- Ward v. StoutIllinois Supreme Court · 1863
- Walker v. CrawfordIllinois Supreme Court · 1870
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