Crippen v. Thompson & Bishop
New York Supreme Court
Demurrer to declaration. The action was debt on a bond for $3000, given to the plaintiff by Thompson as principal and Bishop as his surety, dated on the 18th of June, 1844, with a condition, to be void if Thompson should, among other things, “ save harmless the said” obligee “ from a bond executed by him to Nathan R. Crippen deceased, dated on or about the 3d day of March, 1840, the said Crippen giving the said Thompson notice of any proceedings at law or otherwise thereon.”
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Demurrer to declaration. The action was debt on a bond for $3000, given to the plaintiff by Thompson as principal and Bishop as his surety, dated on the 18th of June, 1844, with a condition, to be void if Thompson should, among other things, “ save harmless the said” obligee “ from a bond executed by him to Nathan R. Crippen deceased, dated on or about the 3d day of March, 1840, the said Crippen giving the said Thompson notice of any proceedings at law or otherwise thereon.” The declaration then stated that a bond was given to N. R. Crippen sen. by the plaintiff, in 1840, by which, among…
1Opinion of the Court
By the Court, Hand, J.
There is nothing in the condition of the bond, in terms, binding the defendant Thompson to save the plaintiff harmless from the debt of Nathan R. Crippen, deceased. The condition is to save harmless the plaintiff from a bond, he had, in 1840, given to N. R. Crippen, sen.; the plaintiff giving notice to the defendant Thompson of any proceedings at law or otherwise thereon. The covenant is that Thompson *534should save harmless the plaintiff from the bond he had given. That bond was to pay the debts of Crippen, sen., and the Dayton claim was one. Where the contract is one…
2Cases cited4 opinions
- Chace v. HinmanNew York Supreme Court · 1832
- Churchill v. HuntNew York Supreme Court · 1846
- Port v. JacksonNew York Supreme Court · 1819
- Webb v. Pond & LansingNew York Supreme Court · 1838
3Cited by7 opinions
- Stuart v. CarterWest Virginia Supreme Court · 1916
- Thompson v. TaylorWisconsin Supreme Court · 1872
- Smith v. HarrySupreme Court of Pennsylvania · 1879
- Miller v. Miller Knitting Co.New York Supreme Court · 1898
- Scott v. TylerNew York Supreme Court · 1852
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