Legal Opinion

Kip v. Brigham

New York Supreme Court

Decided August 15, 1810PublishedCited by 25 opinions

THIS was an action brought by the plaintiff, as sheriff of the county of Oneida, against the defendants, on a bond given as security for the gaol liberties, granted to t^le defendant, Abel Brigham, who had been arrested and imPr*sone<^ on a ca‘ sa‘ ™ favour of John Bissell.

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THIS was an action brought by the plaintiff, as sheriff of the county of Oneida, against the defendants, on a bond given as security for the gaol liberties, granted to t^le defendant, Abel Brigham, who had been arrested and imPr*sone<^ on a ca‘ sa‘ ™ favour of John Bissell. At the trial, the plaintiff gave in evidence, the record e 1 ^ of a recovery against him, in favour of Bissell, for the escape of the defendant Brigham ; that immediately afthe suit was commenced against the plaintiff, he gave-notice thereof to the defendants, and the suit was regudefended by the plaintiff, aided by the…

1Per curiam

There was no misdirection on this point. The case of Blasdale v. Babcock, (1 Johns. Rep. 517.) shows that the record was evidence, in this case, for the plaintiff; and as the bond, on which the suit was brought, was, in effect, a bond of indemnity, the recovery, after notice to the defendants, and their assuming the defence, was conclusive, that the plaintiff had been damnified to that extent. The case of Duffield v. Scott (3 Term Rep. 374.) is to this point; and the present is a stronger case, because here the defendants assumed upon the'mselves the defence of the suit, and became…

2Cited by25 opinions

  1. Rockfeller v. DonnellyCourt for the Trial of Impeachments and Correction of Errors · 1826
  2. Howe v. . Buffalo, N.Y. Erie R.R. Co.New York Court of Appeals · 1867
  3. Thomas v. . HubbellNew York Court of Appeals · 1857
  4. Mcnamee v. MorelandSupreme Court of Iowa · 1868
  5. State ex rel. Griffith v. HoltSupreme Court of Missouri · 1858

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