Bouchaud v. Dias
New York Supreme Court
Assumpsit tried before Kent, C. Judge, at the New-York circuit, in February, 1844. The plaintiff sued for contribution, and the case was this: One Henry Castro imported goods, and on the 17th of October, 1822, he executed two bonds to the United States for the payment of the duties, in which bonds the testator and the defendant were the sureties of Castro. The parties bound themselves jointly and severally.
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Assumpsit tried before Kent, C. Judge, at the New-York circuit, in February, 1844. The plaintiff sued for contribution, and the case was this: One Henry Castro imported goods, and on the 17th of October, 1822, he executed two bonds to the United States for the payment of the duties, in which bonds the testator and the defendant were the sureties of Castro. The parties bound themselves jointly and severally. The bonds were alike in penalty and condition, except that they were payable at different periods ; both within a year. On the 5th of December, 1838, the plaintiff, as executor of Brunei,…
1Opinion of the Court
By the Court, Bronson, Ch. J.
If we assume that the release executed by the secretary of the treasury is a valid instrument, and that the written consent of the plaintiff to the release was duly proved, I do not see how this action can be maintained. When the defendant was released by the government, his obligation was at an end, and he ceased to be a co-surety with the testator. Nothing remained upon which to found the duty of contribution. And as the plaintiff consented to the release, he has no ground for complaint
But the consent was not duly proved. Although the paper was necessarily…
2Cases cited5 opinions
- Barber v. WinslowNew York Supreme Court · 1834
- Bennett v. BurchCourt for the Trial of Impeachments and Correction of Errors · 1845
- Catlett v. Pacific InsuranceNew York Supreme Court · 1828
- Jenks v. StebbinsNew York Supreme Court · 1814
- Peck v. FarringtonNew York Supreme Court · 1832
3Cited by46 opinions
- Aurora City v. WestSupreme Court of the United States · 1869
- Beloit v. MorganSupreme Court of the United States · 1869
- Sarah v. ReadIllinois Supreme Court · 1882
- Bissell v. Spring Valley TownshipSupreme Court of the United States · 1888
- Marston v. . SwettNew York Court of Appeals · 1876
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