Board of Supervisors of Monroe Co. v. . Clark
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, entered upon an order made October 28, 1881, modifying, and affirming as modified, a judgment in favor of plaintiff, entered upon the report of a referee. The nature of the action and the material facts are stated in the opinion.
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Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, entered upon an order made October 28, 1881, modifying, and affirming as modified, a judgment in favor of plaintiff, entered upon the report of a referee. The nature of the action and the material facts are stated in the opinion. The imposition of new' duties on the treasurer discharged the sureties thenceforth from all liability on the bond absolutely for all future conduct of the office. ( Ward v. Stahl, 81 N. Y. 406-408; Ludlow v. Simons, 2 Cai. Cas. 1; Miller v. Stewart, 9 Wheat. 702;…
1Opinion of the Court
Ruger, Ch. J.
This action was against the surety upon a treasurer’s bond to the county of Monroe. The term of Baker, the treasurer, whose faithful performance of the duties of the office the bond was designed to secure, extended from October, 1861, to October, 1864. Many questions which were litigated before the referee and some of those discussed at General Term have been eliminated from the case by the acquiescence of the parties against whom they were determined, and this opinion will be confined altogether to the discussion of the remaining points.
It was claimed on the trial by the…
2Cases cited8 opinions
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- Supervisors of Chenango v. BirdsallNew York Supreme Court · 1830
- Adams v. . the Fort Plain BankNew York Court of Appeals · 1867
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- Gaussen v. United StatesSupreme Court of the United States · 1878
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