Gregory & Foot v. Levy & Sedgwick
New York Supreme Court
Demurrer to answer. The action was brought upon an undertaking executed by the defendants as bail for one Sylvester Levy. The complaint alledged that in June, 1851, the plaintiffs commenced an action in this court against Sylvester Levy, for the recovery of a debt due from him.
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Demurrer to answer. The action was brought upon an undertaking executed by the defendants as bail for one Sylvester Levy. The complaint alledged that in June, 1851, the plaintiffs commenced an action in this court against Sylvester Levy, for the recovery of a debt due from him. That upon his being arrested and held to bail, under an order granted for that purpose, the defendants executed an undertaking, by which they undertook in the sum of $1000, that said Levy should at all times render himself amenable to the process of the court, during the pendency of the said action, and to such as…
1Opinion of the Court
By the Court,
Hubbard, J.
The demurrer must be sustained, on the ground that sureties to an undertaking of bail, in an action against them after breach, can not question the liability of their principal to arrest or imprisonment. The undertaking imports that liability, and the bail are estopped from controverting it. (Stever v. Sornberger, 24 Wend. 275. Welland, Canal Co. v. Hathaway, 8 Id. 481, 2. Ld. Raym. 1535,) The *612principle of this doctrine is that exemption from arrest is a personal statutory privilege, which the debtor alone can assert. (Stever v. Sornberger, 19 Wend. 121. See also 24…
2Cases cited2 opinions
- Burrows v. TurnerNew York Supreme Court · 1840
- Stever v. SombergerNew York Supreme Court · 1838
3Cited by7 opinions
- Kelly v. . McCormickNew York Court of Appeals · 1863
- Bensel v. . LynchNew York Court of Appeals · 1870
- United States v. EldredgeUtah Supreme Court · 1887
- Levy v. NicholasThe Superior Court of New York City · 1863
- Houston v. SedgewickSuperior Court of Delaware · 1888
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