Mounsey v. Drake
New York Supreme Court
THIS was an action, of debt, on a bond, dated 17 th January, 1811, executed by the defendants to the plaintiff, for 160 dollars: conditioned, “ that if the defendants should pay to the plaintiff the sum of 80 dollars and 79 cents, together with the costs of a suit, then pending in the court of common pleas of St. Lawrence county, in favour of the plaintiff against Levi Tuttle, (who had given a cognovit therein for that sum,) on or before the first Thursday of June next…
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THIS was an action, of debt, on a bond, dated 17 th January, 1811, executed by the defendants to the plaintiff, for 160 dollars: conditioned, “ that if the defendants should pay to the plaintiff the sum of 80 dollars and 79 cents, together with the costs of a suit, then pending in the court of common pleas of St. Lawrence county, in favour of the plaintiff against Levi Tuttle, (who had given a cognovit therein for that sum,) on or before the first Thursday of June next ensuing the date of the said bond; or if ^ the said Levi Tuttle should pay the said sum, or surrender himself into the…
1Per curiam
One of the conditions of the bond was, that Tuttle should, on or before a given day, “ surrender himself into the custody of the sheriff of. St. Lawrence, in the suit” therein mentioned. It is not pretended that the other disjunctive condition has been performed, by the payment of the money, and the question then recurs, is here the requisite evidence of the performance of this condition ? Tuttle himself says, that he appeared at the court-house on the day, (which was the day of holding the court of common pleas,) and talked repeatedly with the sheriff as to his errand, and about,…
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