Platner v. Sherwood
New York Court of Chancery
THE bill stated, that the plaintiff, in 1783^ being indebted to Abraham Bachman, in the sum of £386 14s. 4t?., on the 25th of February, 1783, executed, with Peter Cooper, as surety, a bond, to secure that sum. That in 1787, judgment was entered in the Supreme Court, for the penalty of the bond.
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THE bill stated, that the plaintiff, in 1783^ being indebted to Abraham Bachman, in the sum of £386 14s. 4t?., on the 25th of February, 1783, executed, with Peter Cooper, as surety, a bond, to secure that sum. That in 1787, judgment was entered in the Supreme Court, for the penalty of the bond. (£773 8s. 8d.) That the plaintiff made various payments; and, on the 17th of August, 1798, he and B. came to a final settlement of their accounts, including the judgment debt, and a balance of $450 was found due to the plaintiff; and B. gave a receipt in full, which was, afterwards, lost, in the manner…
1Opinion of the Court
The Chancellor.
The question raised by the demurrer, is, whether the plaintiff, upon his conviction and attainder of felony, in June, 1799, and consequent imprisonment under the judgment of imprisonment in the state prison for life, became, in contemplation of law, civilly dead, so as to have caused his estate to descend to his heirs. It is admitted, that if his estate had become once vested in his heirs, by reason of his attainder, a subsequent pardon did not restore it to him.
The statute of the 29th of March, 1799, enacted, that in all cases where any person should be duly convicted or…
2Cases cited1 opinion
- Troup v. WoodNew York Court of Chancery · 1820
3Cited by15 opinions
- Schmidt v. Northern Life Ass'nSupreme Court of Iowa · 1900
- Guarantee Co. of North America v. First National Bank of LynchburgSupreme Court of Virginia · 1898
- Villalon v. BowenNevada Supreme Court · 1954
- In re Estate NeracCalifornia Supreme Court · 1868
- Miller v. TurnerNorth Dakota Supreme Court · 1934
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