Stewart v. McGuin
New York Supreme Court
Assumpsit, upon a contract of surety. The plaintiff sued one Whitford Gill, before a Justice, by a warrant, issued upon oath.
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Assumpsit, upon a contract of surety. The plaintiff sued one Whitford Gill, before a Justice, by a warrant, issued upon oath. The parties joined issue; and, on Gill’s requesting _. IT- , , „ „ u ° an adjournment, the Justice accepted the following writing, which was entered in his docket, as security for Gill’s appearance : “ John Stewart, I v. > Whitford Gill. ) 24i/t Oct. 1820. I hereby acknowledge myself as bail for an adjournment in this entitled suit, agreeably to law, until the 13th Nov. 1820, at two o’clock, P. M. Daniel McGuin.” Gz7/ failed to appear at the adjourned day, but the…
1Opinion of the Court
Curia, per Sutherland, J.
The writing signed by the defendant is sufficient, in law, to render him liable to the plaintiff for the amount of his recovery against Whitford Gill. The statute prescribes no form in which the security shall be taken. It is only requisite, that it should be in writing, so as not to come within the statute of frauds; and that it should express the purpose for which it is given. Where the object is expressed, the consideration, of course, appears. For the only *102end of giving the security, is to procure an adjournment of the trial, and the adjournment is a sufficient…
2Cases cited2 opinions
- Powell v. SmithNew York Supreme Court · 1811
- Smith v. RosecrantzNew York Supreme Court · 1810
3Cited by5 opinions
- King's v. Coulter'sSupreme Court of Pennsylvania · 1853
- Lockwood v. MercereauThe Superior Court of New York City · 1858
- N.Y. Guaranty and Indemnity Co. v. . RogersNew York Court of Appeals · 1877
- Prusia v. BrownNew York Supreme Court · 1887
- Warren v. GilmoreMassachusetts Supreme Judicial Court · 1853