Mays v. Joseph
Ohio Supreme Court
Motion for leave to file petition in error to the District. Court of Lawrence county. The plaintiff in error, having recovered a judgment before a justice of the peace, against one Corns, caused an execution to be issued thereon and delivered to the defendant in error, as constable for service. There was found, in-the possession of the judgment debtor, a yoke of oxen, which he claimed was exempt from levy and sale.
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Motion for leave to file petition in error to the District. Court of Lawrence county. The plaintiff in error, having recovered a judgment before a justice of the peace, against one Corns, caused an execution to be issued thereon and delivered to the defendant in error, as constable for service. There was found, in-the possession of the judgment debtor, a yoke of oxen, which he claimed was exempt from levy and sale. Whereupon, the defendant in error refused to seize the oxen, under the writ of execution, unless the plaintiff in error would indemnify him from loss and damage in so doing.…
1Opinion of the Court
By the Court.
That the promise of indemnity sued on was not invalid as being against public policy, was settled in Miller v. Rhoades, 20 Ohio St. 494, and cases therein cited.
2. The promise was an original and not a collateral engagement. There was no element of debt, default, or miscarriage of any third person in the agreement. The act against which the indemnity was promised was for the benefit of the promisor, and involved a liability to loss on the promisee, and was not within the statute of frauds. Green v. Cresswell, 10 Adolphus and Ellis, 453; Weld v. Nichols, 17 Pick. 538; Adams v.…
2Cases cited1 opinion
- Marcy v. CrawfordSupreme Court of Connecticut · 1844