Jarvis v. Sewall
New York Supreme Court
APPEAL from a judgment entered at a special term after a trial at the circuit. The action was on an indemnity bond, dated December 27th, 1847, given by the defendants to Arnold and Mair, to secure them for becoming sureties for Smith and Smith, on the appeal from the Ganada court of appeal to the queen in privy council, of the suit of Smith and Smith against Simpson and others. The plaintiff is the assignee of this bond.
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APPEAL from a judgment entered at a special term after a trial at the circuit. The action was on an indemnity bond, dated December 27th, 1847, given by the defendants to Arnold and Mair, to secure them for becoming sureties for Smith and Smith, on the appeal from the Ganada court of appeal to the queen in privy council, of the suit of Smith and Smith against Simpson and others. The plaintiff is the assignee of this bond. Prior to 1847 the Smiths had brought an action in court of chancery of Canada, against Simpson and others, and succeeded. Simpson appealed to the Canada court of appeal, and…
1Opinion of the CourtBacon, J.
To appreciate properly the position of these parties, and the questions which arose upon the trial, it will be expedient briefly to recapitulate the facts of the case. They are substantially these: Prior to the year 1847, Terence Smith and Henry G. Smith had prosecuted a suit against Simpson and others, in the court of chancery of Upper Canada. The object of that suit was to enable them to redeem a valuable tract of real estate. They succeeded in the first instance, and a decree in their favor was made by the vice chancellor. From this judgment the defendants Simpson and others apipealed to…
2Cases cited7 opinions
- Candee v. . LordNew York Court of Appeals · 1849
- Burt v. PlaceNew York Supreme Court · 1830
- Chace v. HinmanNew York Supreme Court · 1832
- Dresser v. BrooksNew York Supreme Court · 1848
- Wilson v. ConineNew York Supreme Court · 1807
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3Cited by10 opinions
- Dunham v. . TownshendNew York Court of Appeals · 1890
- Williams & Co. v. United States Fidelity & Guaranty Co.Court of Appeals of Georgia · 1912
- Catlin v. . GrisslerNew York Court of Appeals · 1874
- Carter v. . BeckwithNew York Court of Appeals · 1880
- Burkett v. New York Central & Hudson River Railroad, New York County Courts1898
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