Love v. Palmer
New York Supreme Court
THIS was an action of debt. The plaintiff declared ~an a bond, dated the 7th of August, 1809, in the penalty of 200 dollars, conthtioned to indemnify the plaintiff against all costs and damages, that shall or may arise against him, on account of his not taking N. Palmer to prison, on account and by- virtue of a Ca. sa. which the plaintiff had in his hands, issued out of the supreme court, in favour of Reuben Leonard and Rufus Leonard; and the defendants bound themselves to…
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THIS was an action of debt. The plaintiff declared ~an a bond, dated the 7th of August, 1809, in the penalty of 200 dollars, conthtioned to indemnify the plaintiff against all costs and damages, that shall or may arise against him, on account of his not taking N. Palmer to prison, on account and by- virtue of a Ca. sa. which the plaintiff had in his hands, issued out of the supreme court, in favour of Reuben Leonard and Rufus Leonard; and the defendants bound themselves to pay the debt and costs, for which the Ca. .ra. was issued, viz. ~94 dollars and 43 cents to R. & R. Leonard, and to…
1Per curiam
It is apparent that the bond, in this case, was tabtn as an indemnity for an escape, then in contemplation, and not for an' escape which had previously happened. The plaintiff had the prisoner, and the ca. sa. in his possession when he took the bond, and it was given for the deliverance of the prisoner from custody. It was accordingly void in law, for the party was not bailable. The case of Dive v. Manningham, (Plowden, 60.) is an early and solemn determination upon the point. That was an action of debt, upon a bond of indemnity, given to the plaintiff, as sheriff, for the delivery out of…
2Cases cited1 opinion
- Dole v. BullNew York Supreme Court · 1801
3Cited by6 opinions
- Sheppard & Morgan v. CollinsSupreme Court of Iowa · 1862
- Armstrong v. GarrowNew York Supreme Court · 1826
- Armstrong v. GarrowNew York Supreme Court · 1826
- Moss v. CohenNew York Court of Common Pleas · 1895
- Lott v. MitchellCalifornia Supreme Court · 1867
1 more not listed; retrieve them via the Exa API.