Homan v. Brinckerhoff
Court for the Trial of Impeachments and Correction of Errors
Error, to the Dutchess common pleas. Brinckerhoff sued Homan &. Homan, before a justice, and declared in debt on bond in the penal sum of $36,14. After reciting that certain property had been seized on attachment issued by a justice in favor of Brinckerhoff against one Davis, which property tvas claimed by the defendant William Homan, the' condition of the bond was, that, in a suit to be brought on the bond within three months, the claimant would establish that he was the…
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Error, to the Dutchess common pleas. Brinckerhoff sued Homan &. Homan, before a justice, and declared in debt on bond in the penal sum of $36,14. After reciting that certain property had been seized on attachment issued by a justice in favor of Brinckerhoff against one Davis, which property tvas claimed by the defendant William Homan, the' condition of the bond was, that, in a suit to be brought on the bond within three months, the claimant would establish that he was the owner of the property at the time of the seizure; and in case he failed to do so that he would pay the value of the goods…
1Opinion of the Court
By the Court, Bronson, Ch. J.
The statute under which the plaintiffs proceeded against Davis provides, that before any attachment shall issue, there shall be a bond in the penalty of at least one hundred dollars, with a certain specified condition. (Stat. of 1831, p. 404, § 35.) The instrument which the justice took is not a bond. It- is a covenant to pay one hundred dollars, or do something else, in a certain event. (Rockfeller v. Hoysradt, 2 Hill, 616.) I do not see hów we can depart from the statute, and say that a covenant will answer the purpose. As there was no bond, the justice did not…
2Cited by24 opinions
- Vose v. . CockcroftNew York Court of Appeals · 1871
- Dusenbury v. . KeileyNew York Court of Appeals · 1881
- Cadwell v. ColgateNew York Supreme Court · 1849
- Tiffany v. . LordNew York Court of Appeals · 1875
- Marchand v. HaberNew York Supreme Court · 1896
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