Willet v. Stewart
New York Supreme Court
THIS is an action brought by J. G. Willet, late sheriff of Hew York, against Stewart, as principal, and Perry and Bean, as sureties, upon a bond given by Stewart upon his appointment by the plaintiff as deputy sheriff; his term of office commencing January 1st, 1856, and ending December 31st, 1858; the plaintiff’s term of office continuing the same length of time. Willet having died, the action was continued in the name of his administrator.
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THIS is an action brought by J. G. Willet, late sheriff of Hew York, against Stewart, as principal, and Perry and Bean, as sureties, upon a bond given by Stewart upon his appointment by the plaintiff as deputy sheriff; his term of office commencing January 1st, 1856, and ending December 31st, 1858; the plaintiff’s term of office continuing the same length of time. Willet having died, the action was continued in the name of his administrator. The breach complained of was, that the plaintiff had paid to one Kilbreth, trustee of the Ohio Life Insurance and Trust Company, five hundred and sixteen…
1Opinion of the CourtGeo. G. Barnard, J.
It is too late at the trial to object that the complaint and summons vary; that the summons was under the wrong subdivision of the 129th section of the code of procedure to justify the present complaint under it. That objection should have been presented by motion, in order that an amendment might have been made on just terms. If necessary to sustain the judgment, it would be now amended, so as to conform to the facts proved.
The facts on which the recovery is based are wholly undisputed. The deputy of the sheriff of the city and county of ¡New York had, under and by virtue of executions…
2Cited by4 opinions
- Stegman v. HollingsworthNew York Supreme Court · 1891
- Hammond v. North Eastern RailroadSupreme Court of South Carolina · 1875
- Stegman v. HollingsworthAppellate Division of the Supreme Court of the State of New York · 1896
- Stegman v. HollingsworthNew York Supreme Court · 1896