Bancroft v. Winspear
New York Supreme Court
nnHE evidence in this cause shows that the plaintiff, as one _L of the constables of Erie county, on the 17th of June, 1859, had an execution which had been issued to him upon a judgment recovered before a justice of the peace of the town of Elm a, against the property of Louis Bracletal.
Read the full summary
nnHE evidence in this cause shows that the plaintiff, as one _L of the constables of Erie county, on the 17th of June, 1859, had an execution which had been issued to him upon a judgment recovered before a justice of the peace of the town of Elm a, against the property of Louis Bracletal. On that clay the defendant and John Wright, the plaintiff in the execution, executed and delivered to the plaintiff a bond, in the penal sum of $200, which, after reciting that the plaintiff, as constable, had levied, or was about to levy, such execution upon certain property then or lately in the possession…
1Opinion of the Court
By the Court, Daniels, J.
The right of the plaintiff to recover in this action depends in a great degree upon the proper construction of the bond executed by the defendants. In order to arrive at that, it is necessary in the first instance to ascertain the intention of the parties, so far as it may be done by the terms which they have employed; and for that purpose those terms may properly be considered in view of the circumstances under which they were used; for it is a general rule of construction that the writing to be construed, “ may be read by the light of surrounding circumstances, in…
2Cases cited7 opinions
- Halsey v. ReedNew York Court of Chancery · 1842
- Chace v. HinmanNew York Supreme Court · 1832
- Churchill v. HuntNew York Supreme Court · 1846
- Guernsey v. CarverNew York Supreme Court · 1832
- Wright v. ButlerCourt for the Trial of Impeachments and Correction of Errors · 1830
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Coates v. DonnellThe Superior Court of New York City · 1881
- Conner v. ReevesNew York Supreme Court · 1885