Tobias v. . Rogers
New York Court of Appeals
On the 14th of September, 1837, persons named Mahoney and Trull brought an action of replevin, in the court oí common pleas for the city and county of New-York. against the sheriff thereof and others; on that occasion, Mahoney and Trull, as principals, and Tobias and Rogers, the parties to this action, as their sureties, executed and delivered to the coroner of the city and county of New-York, a joint and several bond, in the penalty of $1283, conditioned, that Mahoney and…
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On the 14th of September, 1837, persons named Mahoney and Trull brought an action of replevin, in the court oí common pleas for the city and county of New-York. against the sheriff thereof and others; on that occasion, Mahoney and Trull, as principals, and Tobias and Rogers, the parties to this action, as their sureties, executed and delivered to the coroner of the city and county of New-York, a joint and several bond, in the penalty of $1283, conditioned, that Mahoney and Trull should prosecute the replevin suit to effect, and that, if the defendants therein should recover judgment against…
1Opinion of the CourtGardiner, C. J.
The plaintiff and defendant were sureties in a replevin bond for Mahoney and Trull, conditioned, among other things, for the payment to the defendants in the replevin suit “ of all such sums as might by them be recovered against Mahoney and Trull in that suit.” The bond was executed in 1837. Rogers, the defendant in this suit, presented his petition in 1842, and obtained his discharge in 1843. The discharge operated upon “ all debts, contracts and other engagements of the bankrupt, provable under the act.” The 5th section of the bankrupt act provides, “ that all persons having uncertain or…
2Cases cited1 opinion
- Norton v. CoonsNew York Supreme Court · 1846
3Cited by13 opinions
- Hard v. . MingleNew York Court of Appeals · 1912
- Kalamazoo Trust Co. v. MerrillMichigan Supreme Court · 1910
- Hays v. FordIndiana Supreme Court · 1876
- Johnson v. . HarveyNew York Court of Appeals · 1881
- Hard v. MingleAppellate Division of the Supreme Court of the State of New York · 1910
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