People v. Berner
New York Supreme Court
THIS was an action of debt on a bond executed by the deiendants, to the people of the state of New-York, dated the 8th of June, 1808, in the penal sum of 24.936 dollars, and condi- • T 7 7 n ' 7 tioned that Hermanns Bouck, and Jeremiah Brown, two of the deiendants, should well and truly perform the office and duty of commissioners for loaning money for the county of Schoharie.
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THIS was an action of debt on a bond executed by the deiendants, to the people of the state of New-York, dated the 8th of June, 1808, in the penal sum of 24.936 dollars, and condi- • T 7 7 n ' 7 tioned that Hermanns Bouck, and Jeremiah Brown, two of the deiendants, should well and truly perform the office and duty of commissioners for loaning money for the county of Schoharie. The breach assigned was, that, on the 1st of June, 1814, the defendants). Bouck Brown, had in their hands 3,119 dollars ah'S 33-cerits,..-which- they had receiy'ed for interest, and which the'jf had neglected…
1Opinion of the Court
Per Curiam',
The defence set up by the defendants,, Berner' 8r Borst, cannot prevail. - The principles adopted by this court, in the caé'e Of The Peóple 'v, Jansen, (7 Johns. Rep. 332.,) db not apply here.. Although there may have been, negligence oh the part of the.public officers, in omitting to call these commissioned - tó áCcount sooner,- that omission, from any thing,-that appears, has not, in any manner, prejudiced the security. Theré inust not only be-negligence on the part of- the creditor, but an injury .resulting therefrom to the security in order to exonerate them. It does not…
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