Pratt v. Crocker
New York Supreme Court
THIS was a scire facias brought to recover damages, fiarfurther breaches, on a bond given by the defendants to the plaintiff, and conditioned for the faithful discharge by the defendant Crocker, of his duties, as deputy of the plaintiff, 3 . r J * 3 who, when the bond was given, was sheriff of the county of ’ J Madison.
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THIS was a scire facias brought to recover damages, fiarfurther breaches, on a bond given by the defendants to the plaintiff, and conditioned for the faithful discharge by the defendant Crocker, of his duties, as deputy of the plaintiff, 3 . r J * 3 who, when the bond was given, was sheriff of the county of ’ J Madison. The plaintiff assigned two breaches, the first of which the defendants admitted, and confessed damages thereon; the second breach alleged, that one Benajah Dean had recovered a judgment against the plaintiff, in the Court of Common Pleas of the county of Madison, in an acilon…
1Opinion of the Court
Spencer, Ch. J. delivered the opinion of the Court.
The issue in the case was, whether the release was obtained and kept on foot by fraud. It is not doubted, that it was an effectual bar to the suit, unless it was fraudulently obtained ; and it is not denied, that if it was obtained by fraud, that fraud would invalidate it.
It is rendered doubtful, from the evidence, whether Crock-er was sworn or not; but, from the verdict of the jury, under the directions given by the Judge, we must conclude,, that Crocker was not sworn as a witness on the trial of Dean against the plaintiff, and the Judge…
2Cited by2 opinions
- Drysdale's AppealSupreme Court of Pennsylvania · 1850
- De Voss v. JohnsonNew York Supreme Court · 1854