Lyon v. Tallmadge
New York Court of Chancery
THE bill stated, that Brockway was imprisoned on a ca. sa., at the suit of Tallmadge and others; that Lyon <$/• Brockway, and the defendant, Dewey, as surety, gave to Richmond, sheriff of the county, one of the' defendants, a bond for the liberties of the goal.
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THE bill stated, that Brockway was imprisoned on a ca. sa., at the suit of Tallmadge and others; that Lyon <$/• Brockway, and the defendant, Dewey, as surety, gave to Richmond, sheriff of the county, one of the' defendants, a bond for the liberties of the goal. Tallmadge fy Co. brought an action against the sheriff, for the escape of the defendant from the gaol liberties, which was tried in June, 1811, and the jury, under the direction of the judge, found a verdict for the plaintiffs. It appeared on the trial, that Brockway returned within the liberties before suit brought. A case having been…
1Opinion of the Court
The Chancellor.
There is no equity appearing on the face of this bill. The assignment of the judgment against Lyon and Dewey, to Tallmadge and others, and the release of the judgment against Richmond, are not charged as fraudulent acts, or done with a fraudulent intention. The very state of the case repels any possible presumption of fraud. Richmond gave notice to the plaintiffs of the proposition made to him, and required of them the deposite of the sum, for which he stood charged, so as the more effectually to indemnify him; that was not done. He then required additional security: that was…
2Cited by11 opinions
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- Bonaparte v. Camden & A. R.U.S. Circuit Court for the District of New Jersey · 1830
- Churchill v. BaumannCalifornia Supreme Court · 1892
- Hanby's Adm'r v. Henritze's Adm'rSupreme Court of Virginia · 1888
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