Bartlett v. Campbell
New York Supreme Court
Error to Monroe common pleas. The plaintiff, as a constable, by virtue of an execution in favor of Joseph Jeffords, levied on a pair of horses, waggon and sleigh, in possession of William Shaw, and received for his indemnity an instrument in writing, in the following words : “ I hereby agree to indemnify S. B. Bartlett against all damages he may sustain by levying on a span of horses now in the possession of Win. Shaw. March 7,1826. (Signed) Joseph Jeffords.
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Error to Monroe common pleas. The plaintiff, as a constable, by virtue of an execution in favor of Joseph Jeffords, levied on a pair of horses, waggon and sleigh, in possession of William Shaw, and received for his indemnity an instrument in writing, in the following words : “ I hereby agree to indemnify S. B. Bartlett against all damages he may sustain by levying on a span of horses now in the possession of Win. Shaw. March 7,1826. (Signed) Joseph Jeffords. Benjamin Campbell, security.” The plaintiff sold one of the horses, and was sued by Alexander Shaw, who claimed to be the owner of the…
1Opinion of the Court
By the Court,
Savage, C. J.
The contract of indemnity was either joint or several, at the election of the plaintiff Bartlett, It is contended by the plaintiff in' error, that notice was not necessary to be given, upon an undertaking to indemnify; that the defendants were bound to take notice, at their peril, of any action brought against the plaintiff I need not cite cases to show that notice is necessary; but the main question, if not the only one in the case, is whether notice to Jeffords was not notice to both. It is conceded that if this suit had been brought against both Jeffords and…
2Cited by10 opinions
- Thomas v. . HubbellNew York Court of Appeals · 1857
- Stephens v. ShaferWisconsin Supreme Court · 1879
- Rhode v. GreenIndiana Supreme Court · 1866
- Westervelt v. SmithThe Superior Court of New York City · 1852
- Thomas v. HubbellNew York Supreme Court · 1852
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