Jeffers & Hackett v. Johnson
Supreme Court of New Jersey
In covenant. The plaintiff» were sureties upon the official bond of II. H. Elwell formerly Post Master at Salem in this State.
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In covenant. The plaintiff» were sureties upon the official bond of II. H. Elwell formerly Post Master at Salem in this State. Johnson, the defendant in this action, the father-in-law of Elwell, gave the plaintiffs a covenant of indemnity, against all damages, costs and charges which they, the said Jeffers and Plackett, might incur on account of their said liability, after the date of the covenant.* ElwelJ became a defaulter to the government, suit was consequently brought on his bond and judgment recovered against him and his sureties, the present plaintiffs. The sureties then brought this…
1ConcurrenceNevius, J.
concurred..Randolph, J. The only point in this cause necessary to be decided is whether the plaintiffs can maintain their action on the defendant’s covenant to them to “ indemnify and save them harmless from all damages, costs and charges which they the said W. H. J. and J. H. may or shall be put to, or any wise called upon to pay for or on account of being security ” for one Henry H. El well as Post Master, &c. On the trial the plaintiffs prov*76ed a judgment obtained against them in the United States District Court on the Post Master’s bond, and what would be reasonable retaining and trial…
2Cases cited3 opinions
- Chace v. HinmanNew York Supreme Court · 1832
- Bonney v. SeelyNew York Supreme Court · 1829
- Pigou v. FrenchU.S. Circuit Court for the District of Pennsylvania · 1805