People ex rel. Metcalf v. Dikeman
New York Court of Appeals
Appeal from judgment of Supreme Court affirming judgment against the defendants. The action was brought upon the official bond given by Stryker, as sheriff of the county of Kings, and the other defendants, as his sureties, in the manner and form required by statute, for the collection of the deficiency of a judgment recovered by the relators against Stryker, as bail of one Harriman; Stryker having become liable as such by reason of his (Stryker) and Harriman’s failure to…
Read the full summary
Appeal from judgment of Supreme Court affirming judgment against the defendants. The action was brought upon the official bond given by Stryker, as sheriff of the county of Kings, and the other defendants, as his sureties, in the manner and form required by statute, for the collection of the deficiency of a judgment recovered by the relators against Stryker, as bail of one Harriman; Stryker having become liable as such by reason of his (Stryker) and Harriman’s failure to justify bail, after notice of exception to the sureties upon the undertaking taken by Stryker, upon the arrest by. him. of…
1Opinion of the CourtGrover, J.
The counsel for the defendants insists, that the complaint does not state facts sufficient to maintain an action against the defendants upon the official bond of the sheriff. The complaint states all the facts necessary to show that Stryker, the sheriff, became liable as bail for Harriman pursuant to section 201 of the Code. That he was charged as such by the issuing of the necessary process upon the judgment against Harriman, and the return thereof. That the plaintiff had prosecuted the sheriff, as such bail, to judgment, and the execution thereon had been returned unsatisfied. That the…
2Cases cited1 opinion
- Metcalf v. . StrykerNew York Court of Appeals · 1864
3Cited by3 opinions
- Ingo v. KochCourt of Appeals for the Second Circuit · 1942
- Eckstein v. Massachusetts Bonding & InsuranceNew York Court of Appeals · 1939
- Ingo v. KochCourt of Appeals for the Second Circuit · 1942