Sutherland v. . Carr
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, entered upon an order made December 13, 1880, affirming a judgment' in favor of plaintiff, entered upon a decision of the court on trial without a jury.
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Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, entered upon an order made December 13, 1880, affirming a judgment' in favor of plaintiff, entered upon a decision of the court on trial without a jury. This action was brought by plaintiff ■ as supervisor of the town of White Plains, Westchester county, upon a bond given by Stephen S. Marshall, former supervisor of said town, as principal, and the others, defendants, as sureties. One of the defendants, Gilbert S. Lyon,, having died, his executors, James Carr and Wesley Lyon, were substituted as…
1Opinion of the Court
Folger, Ch. J.
First. The first - point made by the appellants is, that' the bond sued upon is invalid. The supposed invalidity is found, in that the bond reads in the penalty, that the obligors “ are held and firmly bound unto A. Jackson Hyatt, town clerk of the said town of White Plains, in the penal sum, etc.” This, it is said, makes it a bond to Hyatt individually, and not officially as town clerk; and that the addition of the words “town clerk” to his name is a mere “descriptio personas.” But it is, that. It does describe the person. It describes him, Hyatt, as the town clerk of the town…
2Cases cited5 opinions
- People of the State of N.Y. v. . PennockNew York Court of Appeals · 1875
- Hagadorn v. . RauxNew York Court of Appeals · 1878
- Hathaway v. . Town of CincinnatusNew York Court of Appeals · 1875
- Town of Guilford v. . CooleyNew York Court of Appeals · 1874
- Town of Lewis v. . MarshallNew York Court of Appeals · 1874
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- Bradford v. StateSupreme Court of Alabama · 1919
- City of Philipsburg v. DegenhartMontana Supreme Court · 1904
- Wood v. Board of SupervisorsNew York Supreme Court · 1888
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