Chace v. Hinman
New York Supreme Court
This was an action of debt tried at the Otsego circuit in September, 1829, before the Hon. Samuel Nelson, then one of the circuit judges.
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This was an action of debt tried at the Otsego circuit in September, 1829, before the Hon. Samuel Nelson, then one of the circuit judges. The suit was brought on a bond given by the defendant to Stranahan, the intestate, bearing date 17th June, 1825, conditioned that the obligor should save harmless, and indemnify the obligee, his heirs, executors and administrators, against all damages, costs and charges to which he and they might in any way be subjected or become liable for, by reason of the re- 1 versal by the court for the correction of errors-of this state of a judgment for the…
1Opinion of the Court
By the Court, Sutherland, J.
It is contended by the defendant that this is a bond of indemity merely, and that neither the plaintiff nor his intestate have been injured or damnified by the reversal of the judgment in the court of errors; or that the damage, if any, is merely nominal, as nothing has been paid or probably ever will be paid upon the judgment recovered against him by Scott.
The inquiry naturally suggests itself, what was the motive of the defendant Hinman in entering into this arrangement with ■ Stranahan 1 We find the answer in the testimony of Henry Green.' He states that he was,…
2Cited by55 opinions
- Conner v. . ReevesNew York Court of Appeals · 1886
- Churchill v. HuntNew York Supreme Court · 1846
- Gilbert v. . WimanNew York Court of Appeals · 1848
- National Bank of Newburgh v. . BiglerNew York Court of Appeals · 1880
- Baggott v. BoulgerThe Superior Court of New York City · 1853
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