Legal Opinion

Falls & Smith v. Belknap

New York Supreme Court

Decided August 15, 1806PublishedCited by 12 opinions

THIS was an action of debt on a bond. The cause ... ■ was tried at the Orange circuit, in May, 1305, before Mr. Justice Thompson. The bond was dated the 21st August, 1794, and executed by the defendant and one Thomas Belknap, now deceased.

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THIS was an action of debt on a bond. The cause ... ■ was tried at the Orange circuit, in May, 1305, before Mr. Justice Thompson. The bond was dated the 21st August, 1794, and executed by the defendant and one Thomas Belknap, now deceased. The condition was as follows : “ That if the “ above bounden Thomas Belknap and John Belknap, or any of them, their or any of their executors or admini66 strators, do and shall from time to time, and at all times u hereafter, well and sufficiently save, defend, keep harm- “ less and indemnify the above named Alexander Falls u and Jacob Smith, overseers of…

1Per curiam

1. That the witness was liable to be rated for the support of the poof of New-Windsor, was too remote and contingent an interest to render him incompetent. This point has been repeatedly ruled, and is now well settled, (King v. Prosser, 4 Term, 7.) 2. The expenditures for the support and maintenance of the child, which we are to presume were shown to be necessary and reasonable, were as obligatory on the defendant without, as with, an order from a justice. (Hays v. Bryant, 1 H. Black. 253.) The section of the a'ct, which requires the previous order of a justice, applies to the case only of a…

2Cited by12 opinions

  1. Pack v. . the Mayor, C. of New-YorkNew York Court of Appeals · 1850
  2. Starnes v. QuinSupreme Court of Georgia · 1849
  3. Mayor of Tuskaloosa v. WrightSupreme Court of Alabama · 1835
  4. Wallace v. MayorNew York Court of Common Pleas · 1859
  5. Wallace v. Mayor of New YorkNew York Court of Common Pleas · 1859

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