Millard v. Canfield
New York Supreme Court
Error from the Onondaga common pleas. Canfield sued Millard in an action of trover for $40 in bank bills. The facts were these: Canfield was arrested by a constable on three warrants issued by a justice in civil suits commenced against him ; Millard became bail to the constable that Canfield would appear before the justice on a certain day, and stand trial in the three suits; and to indemnify Millard for thus becoming bail, Canfield put into his hands $40, to be returned to…
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Error from the Onondaga common pleas. Canfield sued Millard in an action of trover for $40 in bank bills. The facts were these: Canfield was arrested by a constable on three warrants issued by a justice in civil suits commenced against him ; Millard became bail to the constable that Canfield would appear before the justice on a certain day, and stand trial in the three suits; and to indemnify Millard for thus becoming bail, Canfield put into his hands $40, to be returned to him if he complied with the engagement entered into by Millard. After two of the suits were tried, Canfield demanded the…
1Opinion of the Court
*63By the Court,
Savage, Ch. J.
The act authorizing the proceeding by warrant does not justify the officer in taking security for the appearance of the defendant. It is (lie officev’s duly to take the defendant forthwith before the justice. He has no right to take security ; and such security, if taken, is void. The law looks with jealousy upon officers taking securities in their official character, when not warranted by law. 7 Johns. E. 426. 8 id. 100. The undertaking of Millard to the constable being void, there was no consideration for the deposit of $40. Canfield was entitled to it at any…
2Cited by8 opinions
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- Sheppard & Morgan v. CollinsSupreme Court of Iowa · 1862
- Harrington's Administrator v. CrawfordSupreme Court of Missouri · 1896
- Winter v. . KinneyNew York Court of Appeals · 1848
- Harrington's Administrator v. CrawfordMissouri Court of Appeals · 1895
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