Andrus v. Waring
New York Supreme Court
THIS was an action of debt, on the penalty of a bond, executed by the defendants, William Waring, William Ba-her, William Vaughan, Abiathar Waldo, and A. Pease, to the plaintiff, as Sheriff of the county of Jefferson, on the 30th of August, 1816. The condition of the bond was, " that if A. Waldo, (one of the defendants,) shall well and duly perform the office of deputy Sheriff, in all things, according to law, and shall render a just and true account of all business that…
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THIS was an action of debt, on the penalty of a bond, executed by the defendants, William Waring, William Ba-her, William Vaughan, Abiathar Waldo, and A. Pease, to the plaintiff, as Sheriff of the county of Jefferson, on the 30th of August, 1816. The condition of the bond was, " that if A. Waldo, (one of the defendants,) shall well and duly perform the office of deputy Sheriff, in all things, according to law, and shall render a just and true account of all business that shall come into his hands, as a deputy Sheriff ought to do, according to the best of his abilities, then the obligation to…
1Opinion of the CourtWoodworth, J.
This is an action of debt on the penalty of a bond, exe-* cuted by the defendants to the plaintiff, as Sheriff of the county of Jefferson, on the 20th of August, 1816.
The defendants all join in a plea; 1. Of non est factum. 2. After craving oyer of the condition of the bond, which is, “ that if Waldo shall well and duly perforin the office of deputy Sheriff in all things according to law, and shall render a just and true account of all business that shall come into his hands, as a deputy Sheriff ought to do, according to the best of his abilities, then the obligation to be void,” they say,…
2Cases cited3 opinions
- Frost v. CarterNew York Supreme Court · 1799
- Munro v. AlaireNew York Supreme Court · 1805
- Schermerhorn v. TrippNew York Supreme Court · 1804
3Cited by7 opinions
- Ham v. HillSupreme Court of Missouri · 1860
- Weller v. EamesSupreme Court of Minnesota · 1870
- M'Clure v. ErwinNew York Supreme Court · 1824
- Sears v. NaglerAppellate Court of Illinois · 1886
- Conner v. BeanSupreme Court of New Hampshire · 1861
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