The People v. . Vilas
New York Court of Appeals
This action was brought against the defendants who were sureties upon the official bond of M. P. Jackson, as loan commissioner of the county of St. Lawrence, for loaning the moneys of the United States deposited with the State.
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This action was brought against the defendants who were sureties upon the official bond of M. P. Jackson, as loan commissioner of the county of St. Lawrence, for loaning the moneys of the United States deposited with the State. The bond was dated January 15,1850. The questions of law that arose upon the trial at circuit were, whether a judgment of nonsuit, rendered in an action previously brought for the same cause, barred this action; and, second, whether the additional duties imposed upon the commissioners by the act of April 10, 1850, discharged their sureties. It appeared in the present…
1Opinion of the Court
Judgment of nonsuit in the previous action was no bar. (Brintnall v. Foster, 7 Wend., 103. Audubon v. ExchangeInsurance Co., 27 N.Y., 216.) Such was always the rule in actions at law. In equity suits the rule is different. A decree dismissing the complaint, unless made without prejudice, bars a second suit for the same cause. The real question in this case is, whether the addition made to the capital of the fund placed in charge of the commissioners by the act of April 10, 1850, discharged the sureties upon their official bonds. An examination of that act will show that it contains no…
2Cases cited4 opinions
- Audubon v. . Excelsior Insurance CompanyNew York Court of Appeals · 1863
- Brintnall v. FosterNew York Supreme Court · 1831
- Kindle v. StateIndiana Supreme Court · 1845
- Marney v. State ex rel. VanceSupreme Court of Missouri · 1850
3Cited by37 opinions
- Saint v. Wheeler & Wilson Manufacturing Co.Supreme Court of Alabama · 1891
- People of the State of N.Y. v. . PennockNew York Court of Appeals · 1875
- Smith v. Board of SupervisorsIllinois Supreme Court · 1871
- Kingsbury v. . WestfallNew York Court of Appeals · 1875
- Hughes v. Board of Com'rs of Oklahoma CountySupreme Court of Oklahoma · 1915
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