People v. Russell
New York Supreme Court
Demurrer to plea. The declaration was on a bond, bearing date 18th July, 1814, conditioned that Bussell, one of the defendants, should truly and faithfully perform the office and duty of a commissioner of loans for the county of Franklin, agreeable to an act of the legislature, passed April 11, 1808..
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Demurrer to plea. The declaration was on a bond, bearing date 18th July, 1814, conditioned that Bussell, one of the defendants, should truly and faithfully perform the office and duty of a commissioner of loans for the county of Franklin, agreeable to an act of the legislature, passed April 11, 1808.. The suit was commenced in February term, 1827, and two breaches were assigned; 1. That Bussell had not truly and faithfully performed the office and duty of a commissioner agreeable to the act, but had wholly neglected and refused so to do, contrary to the form and effect of the condition of the…
1Opinion of the Court
By the Court,
Savage, Ch. J.
This case • comes before - us on a demurrer to the defendants’ third plea. Two points are presented : 1. Is the first breach in the declaration good? 2. Can the third plea of the defendants be sustained ? The breach charges that the defendant Russell did not faitfully perform the office and the duty of commissioner, &c. The general rule is, that it is sufficient to negative the covenant where such general assignment necessarily amounts to a breach, (8 Johns. R. 114; 5 Johns. R. 174;) as upon a limit bond where the condition is that the party shall remain a true and…
2Cases cited1 opinion
- United States v. KirkpatrickSupreme Court of the United States · 1824
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- Looney v. . HughesNew York Court of Appeals · 1863
- Stern v. PeopleIllinois Supreme Court · 1882
- State ex rel. Southern Bank v. AthertonSupreme Court of Missouri · 1867
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