People, Ex Rel. Comstock v. . Lucas
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, entered upon an order made December 13, 1881, which affirmed a judgment in favor of plaintiff, entered upon a decision of the court on trial without a jury. (Reported below, 25 Hun, 610.) The nature of the action and the material facts are stated in the opinion. A surety is not to be held beyond the very precise stipulations of his contract.
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Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, entered upon an order made December 13, 1881, which affirmed a judgment in favor of plaintiff, entered upon a decision of the court on trial without a jury. (Reported below, 25 Hun, 610.) The nature of the action and the material facts are stated in the opinion. A surety is not to be held beyond the very precise stipulations of his contract. (Gates v. McKee, 13 N. Y. 237, Rochester City Bʼk v. Elwood, 21 id. 88, 90, 91.) The liability of the defendants is restricted to what is particularly and in…
1Opinion of the CourtAndrews, J.
The bond upon which the action is brought was given by the defendant Lucas upon his appointment as constable of the town of Oyster Bay, and was executed by him and his co-defendants as his sureties, whereby they jointly and severally undertake to “ pay to each and every person who may be entitled thereto, all such sums of money as the said constable may become liable to pay on. account of any execution which shall be delivered to him for collection.” The bond is the form formerly required to be given by constables; first, by the Revised Laws (2 Rev. Laws, 126, § 1), and afterward by the…
2Cited by18 opinions
- Lammon v. FeusierSupreme Court of the United States · 1884
- Berry v. SchaadAppellate Division of the Supreme Court of the State of New York · 1900
- Bishop v. McGillisWisconsin Supreme Court · 1891
- Hursey v. MartySupreme Court of Minnesota · 1895
- Allison v. PeopleColorado Court of Appeals · 1895
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