Dutton v. Kelsey
New York Supreme Court
Error from the Franklin common pleas. Dutton sued Kelsey and the others in a justice’s court for not collecting an execution, put into his hands as a constable, (the other defendants being the sureties of Dutton,) and obtained judgment. The defendants appealed.
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Error from the Franklin common pleas. Dutton sued Kelsey and the others in a justice’s court for not collecting an execution, put into his hands as a constable, (the other defendants being the sureties of Dutton,) and obtained judgment. The defendants appealed. On the trial of the cause in the common pleas, the plaintiff produced an instrument in writing, in the following words, executed by the defendants: “ We Abel Kelsey, chosen a constable in the town of Fort Covington, in the county of Franklin, and Benjamin O. Harrington and John S. Eldridge,-do hereby jointly and severally agree to pay…
1Opinion of the Court
By the Court, Savage, Ch. J.
It was objected before the common pleas, as I learn from the briefs, (for the bill of exceptions does not contain any point decided by the court, except that the plaintiff be nonsuited,) that the instrument was not in due form, and the case of Warren v. Racey, (20 Johns. R. 74,) was relied on. The bond in that case was payable to the people of Niagara county, which was clearly wrong; and the court say, that it should be in the name of the people of the state of New-York. This was said obiter, and, undoubtedly, without much examination, for the statute de*616scribes…
2Cited by8 opinions
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- McCracken v. ToddSupreme Court of Kansas · 1862
- Hill v. DraperNew York Supreme Court · 1851
- Lawton v. ErwinNew York Supreme Court · 1832
- Levin v. RobieSuperior Court of Buffalo · 1893
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