Seymour & Bouck v. Van Slyck
New York Supreme Court
This was an action of debt, tried at Albany circuit in February, 1830, before the Hon. James Vanderpoel, one of the circuit judges. The suit was on a bond, conditioned for the faithful dis. charge by Van Slych of the duties of the office of collector oj tolls at Rochester ; i. e. to pay over all monies which might be received by him as collector, and well and truly in all things to execute the office of collector, &c. The others defendants were the sureties of Van Slyck.
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This was an action of debt, tried at Albany circuit in February, 1830, before the Hon. James Vanderpoel, one of the circuit judges. The suit was on a bond, conditioned for the faithful dis. charge by Van Slych of the duties of the office of collector oj tolls at Rochester ; i. e. to pay over all monies which might be received by him as collector, and well and truly in all things to execute the office of collector, &c. The others defendants were the sureties of Van Slyck. The bond bore date on the 1st June, 1825. The plaintiffs claimed to recover the balance of all monies received by Van…
1Opinion of the Court
By the Court, Sutherland, J.
The first question which arises in this case is as to the time when the bond, upon which the action is founded, was delivered and accepted. The evidence adduced by the defendants, I am inclined to think, was not sufficient to countervail the legal presumption of the delivery of the bond on the day of its date. The practice of the canal commissioners, requiring a certificate from some judge of the court of common pleas of the sufficiency of the sureties in these bonds before they accepted them, was a mere voluntary regulation on their part, not prescribed by law,…
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