Supervisors of Allegany v. Van Campen
New York Supreme Court
Demurrer to pleas. The declaration is in debt on a bond conditioned for the faithful discharge of the duties of treasurer °f the county of Allegany by Van Campen. Van Camp-en and six of his sureties united in the defence, and appearec* hy one attorney; two of the remaining sureties, there being eight in the whole, appeared and defended by another attorney. Each set of defendants pleaded fourteen pleas. The pleas of each, however, were the same in form and substance.
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Demurrer to pleas. The declaration is in debt on a bond conditioned for the faithful discharge of the duties of treasurer °f the county of Allegany by Van Campen. Van Camp-en and six of his sureties united in the defence, and appearec* hy one attorney; two of the remaining sureties, there being eight in the whole, appeared and defended by another attorney. Each set of defendants pleaded fourteen pleas. The pleas of each, however, were the same in form and substance. The plaintiffs,™ their declaration, after setting forth the bond and condition, assigned three breaches. The condition, as set…
1Opinion of the Court
By the Court,
Sutherland, J.
The 2nd plea of the defendants sets up a variance between the bond given by the defendants and the form prescribed by the statute. The statute (2 R. L. 139, sect. 5) directs that the bond given by the treasurer of a county shall be conditioned as follows: “ That he shall well and faithfully execute the office of treasurer of such county, and pay all monies which shall come to his hands as treasurer according to law, and render a just and true account thereof to the said supervisors, or to the comptroller of the state when required.” The condition of the bond in this…
2Cited by12 opinions
- The United States, in Error v. Phineas Bradley, Surviving Administrator of David Ott DeceasedSupreme Court of the United States · 1836
- State ex rel. Treasurer of State v. BowmanOhio Supreme Court · 1841
- Hard v. ShipmanNew York Supreme Court · 1849
- Harris v. HansonSupreme Judicial Court of Maine · 1834
- State ex rel. Commissioners of Guernsey County v. FindleyOhio Supreme Court · 1840
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