Fondey v. Cuyler
New York Supreme Court
Error from the Albany common pleas. J. Cuyler, survivor of J. & A. Cuyler, sued Fondey in the justice’s court of the city of Albany, on an engagement in writing in the following words: " I do hereby promise to pay the damages and costs which may be adjudged against the defendant in this cause, if he do not personally appear at this office on the day and time of adjournment.
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Error from the Albany common pleas. J. Cuyler, survivor of J. & A. Cuyler, sued Fondey in the justice’s court of the city of Albany, on an engagement in writing in the following words: " I do hereby promise to pay the damages and costs which may be adjudged against the defendant in this cause, if he do not personally appear at this office on the day and time of adjournment. July 11, 1826.” Entered in the docket of a justice of the peace, under the title of a cause prosecuted before him by J. & A. Cuyler against one A. K. Van Fatten. It appeared that Van Patten was brought before the justice…
1Opinion of the Court
By the Court,
Savage, Ch. J.
Had the memorandum been properly drawn under the 6th section of the fifty dollar act, it would have contained a clause exempting the surety, upon the original defendant’s surrendering himself in execution, in case judgment went against him. In that case, the plaintiff before the justice, must have had an execution in the hands of an officer to whom the principal could have surrendered himself; and then the principal, having obtained a discharge before the expiration of the execution, would have been discharged from custody. Under such a state of facts, the plaintiff…
2Cited by1 opinion
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