Gibbs v. Mennard
New York Court of Chancery
This was an appeal from an order of the vice chancellor of the first circuit discharging a ne exeat. The complainant’s bill stated that the brig Felix, of which the defendant was master, was at Turks Island in May, 1835, and while there a bond was executed to the king, by the defendant as principal and the complainant as surety, in the penalty of £1000, currency of the Bahama Islands, conditioned that the brig Felix should not at her departure carry out of that government…
Read the full summary
This was an appeal from an order of the vice chancellor of the first circuit discharging a ne exeat. The complainant’s bill stated that the brig Felix, of which the defendant was master, was at Turks Island in May, 1835, and while there a bond was executed to the king, by the defendant as principal and the complainant as surety, in the penalty of £1000, currency of the Bahama Islands, conditioned that the brig Felix should not at her departure carry out of that government any servant or slave without leave of the master or owner; that when the brig sailed she had on board and brought with her…
1Opinion of the Court
The Chancellor.
From the facts which are stated in the bill, and in the affidavits in this case, independent of the denial of the defendant in his answer that the complainant ever signed the bond as his surety either by his consent or with his knowledge, which I lay entirely out of view, as it appears to be doubtful whether the answer was regularly before the vice chancellor on the motion, I think the defendant was properly discharged from custody on the ne exeat; and the bond given to the sheriff should also have been delivered up and cancelled.
*260In an ordinary case of suretyship for the…
2Cases cited2 opinions
- King v. BaldwinCourt for the Trial of Impeachments and Correction of Errors · 1819
- Warner v. BeardsleyCourt for the Trial of Impeachments and Correction of Errors · 1831
3Cited by6 opinions
- Slauson v. . WatkinsNew York Court of Appeals · 1881
- Dobie v. Fidelity & Casualty Co.Wisconsin Supreme Court · 1897
- Lane v. WestmorelandSupreme Court of Alabama · 1885
- Mack v. KitsellCity of New York Municipal Court · 1887
- Palmer v. WardAppellate Division of the Supreme Court of the State of New York · 1904
1 more not listed; retrieve them via the Exa API.