Boomer v. Laine
New York Supreme Court
Error from the Yates common pleas. Boomer sued Laine in a justice’s court, and declared against him in covenant on a bond, in the penal sum of $100, executed by one Way, and by Laine as the surety of Way, on the adjournment of a cause depending before a justice of the peace in favor of Boomer against Way, conditioned that Way should render himself in execution, or, in default thereof, that he or his surety would pay such judgment as should be rendered in favor of Boomer.
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Error from the Yates common pleas. Boomer sued Laine in a justice’s court, and declared against him in covenant on a bond, in the penal sum of $100, executed by one Way, and by Laine as the surety of Way, on the adjournment of a cause depending before a justice of the peace in favor of Boomer against Way, conditioned that Way should render himself in execution, or, in default thereof, that he or his surety would pay such judgment as should be rendered in favor of Boomer. The defendant pleaded non est factum. On the trial of the cause, the justice before whom the cause of Boomer against Way…
1Opinion of the Court
By the Court,
Nelson, J.
In support of the judgment of reversal rendered by the common pleas, it is urged that the justice erred in admitting parol proof of the judgment in the suit in which the bond declared on was given, and that therefore the judgment of the justice was rightly reversed; in answer to which it is said that the proof being by the oath of the justice before whom the proceedings were had, the evidence was competent within a provision of the revised statutes, 2 R. S. 270, § 248. The terms of the statute would seem to warrant such conclusion, yet I cannot think that such was the…
2Cited by14 opinions
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- Smith v. ComptonNew York Supreme Court · 1855
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