Hall v. Luther
New York Supreme Court
This was an action of debt, tried at the Onondaga circuit in March, 1833, before the Hon. 'Daniel Moseley, one of the circuit judges. The action was on a bond given by Luther as under sheriff, and by the other defendants as his sureties to the plaintiff, as sheriff of the county of Onondaga, conditioned for the faithful discharge by Luther of the duties of the office of under sheriff and to save harmless and indemnify the plaintiff.
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This was an action of debt, tried at the Onondaga circuit in March, 1833, before the Hon. 'Daniel Moseley, one of the circuit judges. The action was on a bond given by Luther as under sheriff, and by the other defendants as his sureties to the plaintiff, as sheriff of the county of Onondaga, conditioned for the faithful discharge by Luther of the duties of the office of under sheriff and to save harmless and indemnify the plaintiff. After setting forth the bond, the plaintiff alleged the delivery of an execution issued from the Onondaga common pleas, to Luther, to be executed; that he levied…
1Opinion of the Court
By the Court
Savage, Ch. J.
The questions of fact were fairly submitted to the jury, and passed upon by them; the verdict should not be disturbed, unless there has been some erroneous decision of the judge in the progress of the trial.
The first objection was to the proof of the instrument. The witness did not recollect the fact of witnessing the signature of two of the obligors, but he recollected that on the particular day, the sheriff was employed in taking security from his deputies : he, the witness, was the county clerk. He had witnessed the bond, and was satisfied that he had not done so,…
2Cases cited2 opinions
- People ex rel. Westcott v. HolleyNew York Supreme Court · 1834
- Pigott v. HollowaySupreme Court of Pennsylvania · 1808
3Cited by18 opinions
- Sprowl v. LawrenceSupreme Court of Alabama · 1859
- Foot v. . StilesNew York Court of Appeals · 1874
- Butler v. BensonNew York Supreme Court · 1847
- Palmer v. FoleyThe Superior Court of New York City · 1873
- Mott v. ConnollyNew York Supreme Court · 1867
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