Pindar v. Upton
Supreme Court of New Hampshire
In JDebt. The writ contains two counts upon a bond, given by the defendants to the plaintiff) dated April 19, 1861, for $250. The first count sets out the obligation only; the second states the obligation and the condition, as follows : “ That the said Ellis A. TJpton shall, within one year from the date of the said writing obligatory, apply to the proper authorities, and be permitted to take and actually take the oath or affirmation prescribed by law for the relief of poor…
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In JDebt. The writ contains two counts upon a bond, given by the defendants to the plaintiff) dated April 19, 1861, for $250. The first count sets out the obligation only; the second states the obligation and the condition, as follows : “ That the said Ellis A. TJpton shall, within one year from the date of the said writing obligatory, apply to the proper authorities, and be permitted to take and actually take the oath or affirmation prescribed by law for the relief of poor debtors; or, in default thereof, surrender himself to prison, as prescribed by law, then the said obligation to be…
1Opinion of the CourtBell, C. J.
The authorities collated with much industry by the counsel for the plaintiff satisfactorily show that obligations taken from a person in the custody of a sheriff are not invalid, or illegal as taken for ease and favor, unless they are made to himself. If an obligation is taken to the creditor, and is voluntarily offered by the prisoner, it will be held valid at common law; but if it is extorted by duress, or any abuse of legal process, and imposes conditions more onerous than those imposed by the statute, it maybe avoided,- and where such an obligation is forbidden by statute it is void.
The…
2Cases cited2 opinions
- US v. Don Fernando De La Maza Arredondo & OthersSupreme Court of the United States · 1832
- Whitney v. SpencerNew York Supreme Court · 1825