Churchill v. Hunt
New York Supreme Court
Debt on bond, tried at the Rensselaer circuit in May, 1846, before Parker, C. Judge. The declaration set forth abond executed by the defendant and Henry Hunt, dated April 6th, 1842, in the penalty of $1000. The condition was as follows: “ The condition of this obligation is such, that if the above bounden Henry Hunt shall and do well and truly save harmless and indemnify the said George W. Churchill and Reuben Hayes Jr. against their liability as makers of a certain…
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Debt on bond, tried at the Rensselaer circuit in May, 1846, before Parker, C. Judge. The declaration set forth abond executed by the defendant and Henry Hunt, dated April 6th, 1842, in the penalty of $1000. The condition was as follows: “ The condition of this obligation is such, that if the above bounden Henry Hunt shall and do well and truly save harmless and indemnify the said George W. Churchill and Reuben Hayes Jr. against their liability as makers of a certain promissory note of the sum of $500, now holden by Clark & Sharp of the city of Troy, and shall pay or cause to be paid the said…
1Opinion of the Court
By the Court, Beardsley, J.
When this bond was given, the note to which it has reference'was overdue, and the plaintiffs, as makers, were liable to be sued upon it at any timé. By the condition of the bond Henry Hunt, one of the obligors, was to save harmless and indemnify the plaintiffs against théir" liability as such makers, and also to pay or cause said note to be paid without fraud or other delay.
So far as respects a recovery of the amount of the note and interest thereon, this case, in principle, is like that of Thomas v. Allen, (1 Hill, 145.) It is true that in one particular, but which…
2Cases cited4 opinions
- Chace v. HinmanNew York Supreme Court · 1832
- In re NegusNew York Supreme Court · 1832
- Port v. JacksonNew York Supreme Court · 1819
- Kip v. BrighamNew York Supreme Court · 1810
3Cited by52 opinions
- Locke v. HomerMassachusetts Supreme Judicial Court · 1881
- Gage v. LewisIllinois Supreme Court · 1873
- Belloni v. . FreebornNew York Court of Appeals · 1875
- Rector, Etc., of Trinity Church v. . HigginsNew York Court of Appeals · 1872
- American Employers' Liability Insurance v. FordyceSupreme Court of Arkansas · 1896
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