Woods v. Rowan & Coon
New York Supreme Court
THIS was aü action of debt on a bond, for the penal" ty. The bond was given by the defendants, to the plaintiff, as sheriff of the county of Washington, as se- . „ - ... „ , , Curity tor the liberties oí the gaol.
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THIS was aü action of debt on a bond, for the penal" ty. The bond was given by the defendants, to the plaintiff, as sheriff of the county of Washington, as se- . „ - ... „ , , Curity tor the liberties oí the gaol. The defendants, after craving oyer of the condition, which is that Roto an shall remain a true and faithful prisoner, and shall not depart at any time, or in any wise escape, or go without the limits of the liberties of the gaol, of the said county, until discharged by due course of law, pleaded that the said Rowan, from the date of the said bond, did, and still doth, remain a true…
1Per curiam
Several exceptions have been taken' to r this plea ; but there is one which must be fatal. It is ko answer to this action to say, that the plaintiff is not damnified; the condition of the bond is, that Rowan shall remain a true and faithful prisoner, and shall not depart at any time, or in any wise escape, or go without the limits of the liberties of the gaol; the moment he does so, the bond is broken, and a cause of action arises on the penalty. How much the plaintiff shall recover on this bond, for the escape of Rowan, if he has escaped, is a distinct question. In effect, the bond given to…
2Cited by6 opinions
- State ex rel. Kloak Bros. & Co. v. CorvinWest Virginia Supreme Court · 1902
- M'Clure v. ErwinNew York Supreme Court · 1824
- Lyman v. MowerSupreme Court of Vermont · 1830
- Sears v. NaglerAppellate Court of Illinois · 1886
- Camp v. AllenSupreme Court of New Jersey · 1830
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