Hughes v. Smith & Miller
New York Supreme Court
THIS was an action of debt) on a bond executed bif , , _ „ the defendants, dated the 18th day of September, 1807* - . „ ror the penal sum of 2)500 dollars.
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THIS was an action of debt) on a bond executed bif , , _ „ the defendants, dated the 18th day of September, 1807* - . „ ror the penal sum of 2)500 dollars. The defendants pleaded Jive pleas: 1. Non est factum* 2. Praying oyer, and setting forth the condition of the bond, which recited, that Smith was appointed by thd plaintiff under-sheriff for Cayuga county, and stating that if he should in all things execute the office aforesaid* during his continuance therein, according to law, and without fraud or oppression, so that the plaintiff should not be made liable for the payment of any damages…
1Opinion of the Court
Kent, Ch. J.
delivered the opinion of the court. The several special pleas in this case, except the last, amount to the general plea of non damnificabas ; and the questions arising on the record respect the sufficiency of the assignment of breaches in the replications. The last plea is no answer to the declaration, as it only avers, that the defendant, Smith, suffered no breach of the bond, previous to the time that the plaintiff took upon himself the office of sheriff, under a reappointment in 1803, and is silent as to the acts of Smith, subsequent to that period. The bond covered the acts of…
2Cited by15 opinions
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