Brainard v. . Jones
New York Court of Appeals
Appeal from the Supreme Court. The defendants were sued as the sureties of one Ramsdell, in a replevin bond, dated June 17, 1847, conditioned to pay such sum of money as might be recovered against Ramsdell, and in the penalty of $2,000. Judgment was rendered against Ramsdell in the replevin suit, for $1,826.75, June 6, 1851. A demurrer was interposed to the complaint, which having been overruled, and the defendants not answering, the plaintiff’s damages were assessed by the…
Read the full summary
Appeal from the Supreme Court. The defendants were sued as the sureties of one Ramsdell, in a replevin bond, dated June 17, 1847, conditioned to pay such sum of money as might be recovered against Ramsdell, and in the penalty of $2,000. Judgment was rendered against Ramsdell in the replevin suit, for $1,826.75, June 6, 1851. A demurrer was interposed to the complaint, which having been overruled, and the defendants not answering, the plaintiff’s damages were assessed by the clerk of Erie county. He reported that $500 had been paid on account of the plaintiff’s claim, on the 3d day of April,…
1Opinion of the CourtComstock, J.
The rule has often been laid down in general term, that sureties are not liable beyond the penalty of the bond in which their obligation is contained. But on a careful examination of the reason and justice of the rule, it will be found inapplicable to a question of interest accruing after they are in default, for not paying according to the condition of the bond. There is a plain distinction which has sometimes been lost sight of, and consequently some confusion and contradiction will be found in the cases on this subject. Whether a surety, at the time of his default, can be held beyond the…
2Cases cited1 opinion
- Clark v. BushNew York Supreme Court · 1824
3Cited by38 opinions
- Beers v. . ShannonNew York Court of Appeals · 1878
- State ex rel. Attorney General v. O'NeillWisconsin Supreme Court · 1869
- Clarke v. . City of RochesterNew York Court of Appeals · 1863
- Hamilton v. . Van RensselaerNew York Court of Appeals · 1871
- State ex rel. Moore v. SanduskySupreme Court of Missouri · 1870
33 more not listed; retrieve them via the Exa API.