Emery v. Baltz
New York Supreme Court
Appeal from a judgment in favor of tbe plaintiff, entered in Erie county upon tbe report of a referee. The discharge of Hack from arrest was a surrender of a security which tbe plaintiff bad obtained for tbe collection of tbe money against the principal, and a surrender of such security discharged tbe sureties. (Hesbit v. Smith, 2 Bro. Cb. 0., 579; Hays v. Wood, 4 Johns. Ob., 130; 1 Story Eq.
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Appeal from a judgment in favor of tbe plaintiff, entered in Erie county upon tbe report of a referee. The discharge of Hack from arrest was a surrender of a security which tbe plaintiff bad obtained for tbe collection of tbe money against the principal, and a surrender of such security discharged tbe sureties. (Hesbit v. Smith, 2 Bro. Cb. 0., 579; Hays v. Wood, 4 Johns. Ob., 130; 1 Story Eq. Juris., §§ 501, 639; Mayhew v. Crickett, 2 Swanst., 185 ; Capel v. Butler, 2 Sim. & S., 457.) Any act of tbe creditor which increasestbe risk of tbe surety, discharges the surety. (Brown v. Reggins, 3…
1Opinion of the Court
Habdin, J.:
The plaintiff has recovered on a bond, given him by one Hack, and the defendants, as his sureties, conditioned for Hack’s faithful performance of his duties as general agent of The Life Association of America, and that said Hack “ shall at all times, when requested, make good all indebtedness to said Edson E. Emery . . . and shall also, on the first day of every month after this date, and at all other times when requested, render due and full account of, and deliver over unto said Edson E. Emery, all the money or other property belonging to him, which shall have been, or shall then…
2Cases cited4 opinions
- Gillespie v. . TorranceNew York Court of Appeals · 1862
- Noel v. . MurrayNew York Court of Appeals · 1855
- Schroeppell v. . ShawNew York Court of Appeals · 1850
- Meech v. LoomisThe Superior Court of New York City · 1862