Harrison v. Sawtel
New York Supreme Court
IN ERROR, on certiorari, from a justice’s court. Sawtet sued Harris on before the justice; and declared that at the spe and request of H. he, S., had become special bail ™ * °f E- P. for one Foot, in a suit brought against him by one Hallenback; by reason whereof he had laid out and expended a large sum of money, and performed labour* &c. in the-pursuit of the said Foot, in order to surrender him in that suit, &c. Defendant pleaded the general issue.
Read the full summary
IN ERROR, on certiorari, from a justice’s court. Sawtet sued Harris on before the justice; and declared that at the spe and request of H. he, S., had become special bail ™ * °f E- P. for one Foot, in a suit brought against him by one Hallenback; by reason whereof he had laid out and expended a large sum of money, and performed labour* &c. in the-pursuit of the said Foot, in order to surrender him in that suit, &c. Defendant pleaded the general issue. It appeared that Sawtel was bail to the sheriff, in the suit in the C. P. and that at request of Harrison, (who held himself bound to indemnify…
1Per curiam
This was not a promise to pay the debt, or answer for the default, of another person. It was an original promise between the parties to it, that one of them would indemnify *245the other, if he would become special bail for a third person whom the defendant was bound to protect and save harmless in the suit. It was done at the request, and for the benefit, of the defendant, an it saved him from becoming ball himself, or procuring some other person to become bail. The case had nothing to do with the statute of frauds, and there was a consideration for the promise,, the advantage resulting to the…
2Cited by13 opinions
- Mercein v. People ex rel. BarryNew York Supreme Court · 1840
- Barry v. . RansomNew York Court of Appeals · 1855
- Anderson v. SpenceIndiana Supreme Court · 1880
- Tighe v. . MorrisonNew York Court of Appeals · 1889
- Kingsley v. BalcomeNew York Supreme Court · 1848
8 more not listed; retrieve them via the Exa API.