Gilbert v. . Wiman
New York Court of Appeals
This was an action of debt instituted in the supreme court by Jabez H. Gilbert against Stephen Luce, Gideon H. Wood-ruff Truman Wiman and Lucas Tan Schaack, upon a bond executed by the defendants in the words following, viz: “ Know all men by these presents, that we, Stephen Luce, Gideon H. Woodruff Lucas Tan Schaack, Truman Wiman, are held and firmly bound imto Jabez H. Gilbert, Esqr., sheriff of the county of Oswego, in the penal sum of ten thousand dollars, for which…
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This was an action of debt instituted in the supreme court by Jabez H. Gilbert against Stephen Luce, Gideon H. Wood-ruff Truman Wiman and Lucas Tan Schaack, upon a bond executed by the defendants in the words following, viz: “ Know all men by these presents, that we, Stephen Luce, Gideon H. Woodruff Lucas Tan Schaack, Truman Wiman, are held and firmly bound imto Jabez H. Gilbert, Esqr., sheriff of the county of Oswego, in the penal sum of ten thousand dollars, for which payment well and truly to be made to the said Jabez H. Gilbert, his executors, administrators and assigns, we bind…
1Opinion of the CourtGardiner, J.
The principal question in this case is, whether the bond executed by Luce and his sureties is a mere bond of indemnity, requiring proof of actual damage, or whether it provides an indemnity against the liability of the sheriff oh account of the acts done or omitted by his deputy.
The cases of Rockfeller v. Donnelly, (8 Cowen, 623,) and Chase v. Hinman, (8 Wend. 452,) have been relied upon, particularly the former, as decisive of this question. In the case first cited, the action was upon a bastardy bond, the condition of which was “ to save, defend and keep harmless the overseers of the poor,…
2Cases cited3 opinions
- Chace v. HinmanNew York Supreme Court · 1832
- Churchill v. HuntNew York Supreme Court · 1846
- Kip v. BrighamNew York Supreme Court · 1810
3Cited by41 opinions
- Schubert v. August Schubert Wagon Co.New York Court of Appeals · 1928
- American Employers' Liability Insurance v. FordyceSupreme Court of Arkansas · 1896
- Stephens v. Pennsylvania Casualty Co.Michigan Supreme Court · 1903
- Schambs v. Fidelity & Casualty Co. of New YorkCourt of Appeals for the Sixth Circuit · 1919
- Kohler v. . MatlageNew York Court of Appeals · 1878
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