M'Clure v. Erwin
New York Supreme Court
Placita of October term, 1822. Memorandum of January term, 1822. Steuben County, ss. George McClure, late Sheriff of the county of Steuben, plaintiff in this suit, com plains of Francis Erwin, John Knox and Eldad Mead, defendants in this suit, in custody, &c. of a plea that they render to him $5000, of debt, which (hey owe to and unjustly detain from him, for this, to wit, that whereas the said Francis, John Eldad, and one Benjamin Parker, in his life time, now deceased, and…
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Placita of October term, 1822. Memorandum of January term, 1822. Steuben County, ss. George McClure, late Sheriff of the county of Steuben, plaintiff in this suit, com plains of Francis Erwin, John Knox and Eldad Mead, defendants in this suit, in custody, &c. of a plea that they render to him $5000, of debt, which (hey owe to and unjustly detain from him, for this, to wit, that whereas the said Francis, John Eldad, and one Benjamin Parker, in his life time, now deceased, and whom the said Francis, John fy Eldad have survived, heretofore, to wit, on the 26th day of March, A. D. 1816, at, &c.…
1Opinion of the Court
Curia,
per Sutherland, J.
The first point made by the plaintiff is, that the fourth plea to the first count of the declaration is bad, as it sets up matter of defence which is no , bar.
The action is brought by the plaintiff as late Sheriff of the pounty oí Steuben, upon a bond given by Benjamin Parker, the gaoler, and the defendants as his sureties, conditioned that he should well and faithfully, in all things, perform and execute the trust reposed in him as gaoler, daring his continuance in office, without fraud, deceit, or oppression ; and that he would not, at any time, suffer any prisoner…
2Cases cited3 opinions
- Currie v. HenryNew York Supreme Court · 1807
- Andrus v. WaringNew York Supreme Court · 1822
- Woods v. Rowan & CoonNew York Supreme Court · 1809
3Cited by8 opinions
- Allen v. ReillyNevada Supreme Court · 1880
- Hayes v. New York Gold Mining Co.Supreme Court of Colorado · 1874
- Kamp v. KampNew York Supreme Court · 1873
- Holbrook v. OrglerThe Superior Court of New York City · 1875
- Sears v. NaglerAppellate Court of Illinois · 1886
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