Lyon v. Richmond
New York Court of Chancery
[ * 52 ] ON the 31st of December, 1807, the plaintiff Brockway Was committed to gaol on a ca. sa. issued out of the Supreme Court, at the suit of Benjamin laUmadge, and seven others, defendants, for 2,677 dollars and 24 cents. On the 31st of March, 1808, Lyon, the plaintiff, and Dewey, defendant, became security to Richmond,, defendant, sheriff of the county, for the gaol liberties granted to Brockway.
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[ * 52 ] ON the 31st of December, 1807, the plaintiff Brockway Was committed to gaol on a ca. sa. issued out of the Supreme Court, at the suit of Benjamin laUmadge, and seven others, defendants, for 2,677 dollars and 24 cents. On the 31st of March, 1808, Lyon, the plaintiff, and Dewey, defendant, became security to Richmond,, defendant, sheriff of the county, for the gaol liberties granted to Brockway. Richmond was afterwards sued by the plaintiffs, in the execution, for the escape of Brockway, and the cause was tried at the Cayuga circuit, in June, 1811, when a verdict was found for the…
1Opinion of the Court
The following opinion was this day delivered by the Court:
The Chancellor.
[ * 57 ]
A suit between these same parties, on the same subject, was brought to a hearing in August term, 1814, on demurrer to the bill, and the bill was dismissed.† There was, then, no charge of fraud in procuring or making the assignment and release stated in the case, and it appeared that the sureties of Brockway had no equity in their complaint against Richmond, the sheriff. The charge against him was, that he had thought proper, for his own safety, to settle and discharge a judgment against him for an escape, after…
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