Board of Supervisors of Livingston v. White
New York Supreme Court
APPEAL from a judgment entered at a special term, after a trial at the circuit. The action was commenced in August, 1856. The cause was tried at the Livingston circuit, before Justice Johnson and a jury, in October, 1857. The complaint alleged, that at a general election held in the county of Livingston, in the year 1854, the defendant, John White, jun., was duly elected county treasurer of said county of Livingston, for a term commencing on the first day of January then…
Read the full summary
APPEAL from a judgment entered at a special term, after a trial at the circuit. The action was commenced in August, 1856. The cause was tried at the Livingston circuit, before Justice Johnson and a jury, in October, 1857. The complaint alleged, that at a general election held in the county of Livingston, in the year 1854, the defendant, John White, jun., was duly elected county treasurer of said county of Livingston, for a term commencing on the first day of January then next, and continuing three years; that the said John White, jun. accepted said office, and executed an official bond with…
1Opinion of the Court
By the Court, T. R. Strong, J.
It was not necessary to allege in the complaint the loss of the hond, to entitle the plaintiffs to prove its loss and give secondary evidence of its contents. Under the former system of pleading, in cases like the present, profert of the bond, or an excuse for the omission of profert, in the declaration, was required, and if the declaration contained the usual statement of profert, and the defendant pleaded non est factum, the production of the hond at the trial could not he excused by proof of its loss previous to declaring ; but the doctrine of profert has no…
2Cases cited1 opinion
- McBurney v. CutlerNew York Supreme Court · 1854
3Cited by3 opinions
- Lallman v. HoveyNew York Supreme Court · 1895
- Smith v. CornellThe Superior Court of New York City · 1886
- Wirges v. BaeuerleNew York Supreme Court · 1877