Teall v. Van Wyck
New York Supreme Court
On the 29th of May, 1848, the plaintiff recovered a judgment in the Albany justices’ court, against J. & J. R. Radway, for $102,91. On the 3d of June, 1848, the defendants appealed, by delivering the requisite bond &>c. to the justice. The bond was executed by the Radways and also by the defendant in this suit, ' as their surety.
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On the 29th of May, 1848, the plaintiff recovered a judgment in the Albany justices’ court, against J. & J. R. Radway, for $102,91. On the 3d of June, 1848, the defendants appealed, by delivering the requisite bond &>c. to the justice. The bond was executed by the Radways and also by the defendant in this suit, ' as their surety. It was a joint and several bond, and was in the usual form, except that the words “ Albany common pleas” were inserted in the condition, instead of “ Albany county court.” Judgment, on the appeal, was rendered in'favor of the plaintiff, on the 19th day of December,…
1Opinion of the Court
By the Court, Parker, J.
Five objections were made, before the referee, to the plaintiff’s recovery. These will be considered in the order in which they were there presented.
1. I think the proof was sufficient to establish the loss of the bond. The justice of the peace to whom it was delivered, testified to a search for it among all the papers of his office, and that it was not there. Mr. Barnes, the plaintiff’s attorney, proved that he had searched in the county clerk’s office in the places where such bonds are usually kept, and could not find it. He did not expressly state that he made such…
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- Jackson ex dem. Varick v. WaldronCourt for the Trial of Impeachments and Correction of Errors · 1834
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- Jackson ex dem. Schuyler v. RussellNew York Supreme Court · 1830
- Lipe v. BeckerCourt for the Trial of Impeachments and Correction of Errors · 1845
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