Sweet v. Palmer
New York Supreme Court
THIS was an action of debt on a bond executed by the defendants, to the sheriff of the county of Onondaga, conditioned that the defendant Erastus D. Palmer, who had been admitted to the liberties of the gaol, should remain a true and faithful prisoner.
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THIS was an action of debt on a bond executed by the defendants, to the sheriff of the county of Onondaga, conditioned that the defendant Erastus D. Palmer, who had been admitted to the liberties of the gaol, should remain a true and faithful prisoner. The suit was brought by the 1 ° J plaintiff, as assignee of the sheriff, and the cause was — tried before the late Chief Justice, at the Onondaga circuit, ”'71010 7 in JWflt) lulo» The plaintiff had recovered a judgment, in the Court of Common Pleas of Onondaga county, against the defendant E. D. Palmer, for 415 dollars and 52 cents. The…
1Per curiam
The evidence clearly shows fraud, and a trick on the part of the defendants ; and we rejoice that the rules of law are such as to prevent the success of their cunning.
The certificate is certainly not binding as a technical release of the debt: and it is settled that, although a pre~ vious consent of the creditor, that the debtor may go off the liberties, will excuse the escape, and discharge the judgment ; yet, a subsequent assent, or agreement, that the debtor may remain off, is no discharge. The right of action for the escape having once accrued, nothing but a release or an agreement for…
2Cited by5 opinions
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- Richardson v. RittenhouseSupreme Court of New Jersey · 1878
- Bunker v. HodgdonSuperior Court of New Hampshire · 1834
- Camp v. AllenSupreme Court of New Jersey · 1830
- Hoyle v. McCreaAppellate Division of the Supreme Court of the State of New York · 1899