Barnard v. Darling
New York Supreme Court
Demurrer. The declaration is in debt on a penal bond, hearing date 1st January, 1829. The defendants crave oyer of the bond and condition, and set forth a bond executed by them as the sureties of one John Matteson, appointed by the *plaintiff, sheriff of the county of Madison, one of his deputies, conditioned for the faithful discharge by Matteson of the duties of his office as a deputy, during his continuance in office, to render a true account of all business done and fees…
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Demurrer. The declaration is in debt on a penal bond, hearing date 1st January, 1829. The defendants crave oyer of the bond and condition, and set forth a bond executed by them as the sureties of one John Matteson, appointed by the *plaintiff, sheriff of the county of Madison, one of his deputies, conditioned for the faithful discharge by Matteson of the duties of his office as a deputy, during his continuance in office, to render a true account of all business done and fees received by him by virtue of his office, and to indemnify the plaintiff from all damages, &c. by reason of the acts or…
1Opinion of the Court
*By the Court,
Nelson, J.
The sheriff was not bound to discharge the sureties from their bond for the faithful conduct of the deputy upon the application made to him, unless he chose to do so ; and the agreement set up in the plea is inoperative, for the want of consideration. The defendants do not aver that the sheriff released and discharged them from the bond. Such language might imply an instrument under seal, and of course a sufficient consideration to sustain it; but they merely set up an agreement that he would release and discharge them from being such bail.
Whether the performance of…
2Cases cited1 opinion
- Hodges v. SuffeltNew York Supreme Court · 1801