Legal Opinion

Mills v. Hildreth

New York Supreme Court

Decided May 15, 1876Published

Appeal from an order denying the application of the defendant, as' bail, for leave to surrender his principal. The bail was indemnified by the wife of Henry Rodewald, his principal, against any loss which might result from his becoming bail.

1Opinion of the Court

Brady, J.:

The application of the defendant Hildreth to surrender his principal, Rodewald, and thus become exonerated from -liability as bail was denied upon two grounds, one of which was that he was indemnified against loss. It is not necessary to refer to the other in the view that must be taken of this appeal. Justice Lawrence says : “ In this case it appears that the bail has an undertaking from the wife of the principal, and while he states in his affidavit that he believes the same to be of no value or security whatever, the affidavit, on the part of the plaintiff, goes to show that the…

2Cases cited1 opinion

  1. Bank of Geneva v. ReynoldsNew York Supreme Court · 1860

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