Cobb v. Harmon
New York Court of Appeals
ApPtva t, from the Supreme Court. Action upon a bond executed by one Herrick and the other defendants as his sureties, conditioned that Herrick should, within thirty days from the date thereof, September 15, 1856, apply for an assignment of all his property, and for a discharge as provided in the 12th section of the act to abolish imprisonment for debt and to punish fraudulent debtors (ch. 800 of 1881), and should diligently prosecute the same until he obtained such…
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ApPtva t, from the Supreme Court. Action upon a bond executed by one Herrick and the other defendants as his sureties, conditioned that Herrick should, within thirty days from the date thereof, September 15, 1856, apply for an assignment of all his property, and for a discharge as provided in the 12th section of the act to abolish imprisonment for debt and to punish fraudulent debtors (ch. 800 of 1881), and should diligently prosecute the same until he obtained such discharge. The trial was before a referee, who found these facts: The plaintiff’s testator, having an unsatisfied judgment…
1Opinion of the CourtLott, J.
If it be conceded that the performance of the condition of the defendants’ bond became impossible by the *150non-attendance of the County Judge at the time and place appointed for making the application therein mentioned, and thereby agreed to be made, they are nevertheless liable.'
• It is a settled rule of law that where a party by his own contract' absolutely engages to do an act, or creates a duty or charge upon himself, he is bound to make it good notwithstanding any accident or other contingency not foreseen by or within the control of the party, unless its performance is rendered impossible…
2Cases cited1 opinion
- Beebe v. JohnsonNew York Supreme Court · 1838
3Cited by3 opinions
- Peters Shoe Co. v. ArnoldMissouri Court of Appeals · 1899
- Graham v. Lawyers' Title InsuranceAppellate Division of the Supreme Court of the State of New York · 1897
- Jacobs v. EdelsonAppellate Division of the Supreme Court of the State of New York · 1903