Syracuse City Bank v. Coville
New York Supreme Court
The Syracuse City Bank asks that the sheriff of the county of Onondaga be directed to pay to it certain moneys in his hands, the avails of certain property of the defendants in the above actions sold by him, and which moneys are claimed by the Onondaga Bank.
Read the full summary
The Syracuse City Bank asks that the sheriff of the county of Onondaga be directed to pay to it certain moneys in his hands, the avails of certain property of the defendants in the above actions sold by him, and which moneys are claimed by the Onondaga Bank. The facts are briefly these: The action of the Syracuse City Bank was commenced May 18, 1858, on a bond in the penalty of $13,000, conditioned for the payment of $6,500, in instalments of $122.22 each, one of which became due May 1, 1858, and another became due on the 15th of September, and before the recovery of the judgment in the…
1Opinion of the Court
W. F. Allen, Justice.
The question before me does not necessarily involve the regularity of the practice adopted by the Syracuse City Bank in taking judgment, in form, for the penalty, with authority to issue execution for the amount of the instalments actually due by the condition *387of the bond. The bond being conditioned for the payment absolutely of a sum certain, in instalments, at specified times; it was not, before the Code, a case for the assignment of breaches and assessment of damages, under the statute regulating proceedings on bonds for the performance of covenants. (2 R. S., 378.)…
2Cases cited4 opinions
- Fairlie v. LowsonNew York Supreme Court · 1826
- Mayor v. EvertsonNew York Supreme Court · 1823
- Alendorf v. StickleNew York Supreme Court · 1823
- Harvey v. BardwellNew York Supreme Court · 1826
3Cited by2 opinions
- Union Trust Co. v. HeggelundSupreme Court of Connecticut · 1991
- Glendale Fruit Co. v. HirstArizona Supreme Court · 1899