Skellinger v. Yendes
New York Supreme Court
Error from the Jefferson common pleas. Skellinger commenced a suit in a justice's court against Yendes as a .constable, and the others as his sureties, for not returning an execution put into his hands for collection. .The plaintiff obtained 1 judgment, and the defendants appealed to the Jefferson common pleas.
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Error from the Jefferson common pleas. Skellinger commenced a suit in a justice's court against Yendes as a .constable, and the others as his sureties, for not returning an execution put into his hands for collection. .The plaintiff obtained 1 judgment, and the defendants appealed to the Jefferson common pleas. On the trial in that court, the plaintiff produced an instrument in writing, signed by the defendants, but not sealed, in these words : “ Whereas, John D. Yendes has been appointed a constable in and for the town of Rodman, cotmty of Jefferson, for the year 1828, and till the first…
1Opinion of the Court
By the Court,
Savage, Ch. J.
The plaintiff was nonsuit-ed on the ground that the instrument produced on the trial was not a valid instrument within the statute. Whether that decision was correct, is the question.
By adverting to the cases reported upon the subject of the liability of constables and their sureties upon instruments purporting to be taken under the act of 1813, 2 R. L. 128, it will be seen that the court has been, as it was its duty to be, liberal in its construction, in order to promote the beneficial objects of the legislature. The statute does not give the form, but only the…
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