People v. Holmes & Caswell
New York Supreme Court
Holmes, as a constable, and Caswell, as his surety, entered into a bond to “ the people of the state of New-York,” in the penalty of $1000, conditioned that Holmes should pay to each and every person such sums of money as he should become liable for on account of any executions which should be delivered to him for collection.
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Holmes, as a constable, and Caswell, as his surety, entered into a bond to “ the people of the state of New-York,” in the penalty of $1000, conditioned that Holmes should pay to each and every person such sums of money as he should become liable for on account of any executions which should be delivered to him for collection. A suit was commenced on this bond by Spencer Kellogg, in the name of the people, and in his declaration, he assigned for breaches, that three judgments had been obtained by him against one Allen, be- , . . . . lore a justice of the peace, on which executions had issued,…
1Opinion of the Court
By the Court, Savage, C. J.
The bond of a constable may be given to the people, though it is not deemed necessary ^at jj. te thus executed, as intimated in Warner v. Racey, (20 Johns. R. 74.) Any person to whom the constable has become responsible on account of an execution delivered to him for collection, is entitled to commence a suit on the bond or instrument in writing, (in the language of the statute,) executed by him to ensure the faithful discharge of his duties, and previous leave to prosecute is not necessary to be obtained. The motion is denied, with costs.
2Cited by8 opinions
- People v. HolmesNew York Supreme Court · 1830
- Lawton v. ErwinNew York Supreme Court · 1832
- Taylor v. ParkerWisconsin Supreme Court · 1877
- Levin v. RobieSuperior Court of Buffalo · 1893
- Mayor of New York v. DoodyNew York Court of Common Pleas · 1856
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