Berger v. Williams

OPINION OF

THE COURT.

Berger and •one Stevens being in partnership, Stevens purchased the stock on hand and gave bond, with Williams security, in the penalty of twenty thousand dollars, “conditioned to discharge and pay all the debts and engagements of every kind due by the said firm, and to which it might be liable, be the same •of whatever nature.” Judgment for the penalty was recovered on this bond, and a sci. fa. in the name of the plaintiff alleges a breach, etc., and to recover a debt recovered "by Chauncey Moss, against the late firm, In the state of New York. The defendant demurs to the…