Thomas v. . Hubbell
New York Court of Appeals
Action by the late sheriff of the county of Delaware against Hubbell, as principa,!, and the other defendants, as his sureties, in a bond conditioned that Hubbell should faithfully perforin the duties of deputy sheriff.
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Action by the late sheriff of the county of Delaware against Hubbell, as principa,!, and the other defendants, as his sureties, in a bond conditioned that Hubbell should faithfully perforin the duties of deputy sheriff. The breach alleged was that Hubbell, the deputy, having levied an execution upon property of one Eowley sufficient to pay the same, subsequently permitted Eowley to use and convert the property, whereby the sheriff became liable to pay the amount of the execution to the plaintiffs therein, and the same was recovered of the sheriff in an action by the plaintiffs in the…
1Opinion of the CourtSmith, J.
When the present case was before this court on the former appeal, it was held that the sureties in the hand were not concluded by the recovery against the sheriff, after notice of the suit and an opportunity to defend it being given to Hubbell, and not to themselves. And the judge, on the trial, having excluded an offer to prove that none of the property levied on belonged, at the time of the levy, to the defendant in the execution, the ruling was decided to be erroneous, and a new trial was granted on that ground.
On the trial now under review, the judge instructed the jury, in accordance…
2Cited by8 opinions
- Bolen v. . CrosbyNew York Court of Appeals · 1872
- Stephens v. ShaferWisconsin Supreme Court · 1879
- Grafton v. HinkleyWisconsin Supreme Court · 1901
- Beauchaine v. McKinnonSupreme Court of Minnesota · 1893
- Ohning v. City of EvansvilleIndiana Supreme Court · 1879
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