Fletcher v. Austin
Supreme Court of Vermont
This was an action of debt commenced on a bond dated the 1st day of December, 1829, and given to the plaintiff, as sheriff of the county of Windsor, conditioned to save.harmless the plaintiff from all damages, risks, liabilities and causes of liability, in consequence of any neglect, misconduct, malfeasance or misfeasance, in matters pertaining to the office of sheriff, of one Ebenezer Parkhurst Jr., who had been appointed to the office of deputy sheriff for the year then…
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This was an action of debt commenced on a bond dated the 1st day of December, 1829, and given to the plaintiff, as sheriff of the county of Windsor, conditioned to save.harmless the plaintiff from all damages, risks, liabilities and causes of liability, in consequence of any neglect, misconduct, malfeasance or misfeasance, in matters pertaining to the office of sheriff, of one Ebenezer Parkhurst Jr., who had been appointed to the office of deputy sheriff for the year then ensuing, by the said Fletcher, sheriff as aforesaid, and had accepted said appointment, and who also had signed and…
1Opinion of the Court
The opinion of the court was delivered by
Williams, Ch. J.
This action is defended by three of the defendants only, and the question is, whether the bond has ever been so delivered as to be obligatory on them. On the case as presented, the question as to a second delivery does not arise. There was not, as to all the signers, an inchoate or imperfect delivery in the first place, when the bond passed from the obligors to the obligee, to be absolute on the happening of a certain event. If the bond was delivered so as to be effectual against all,there was but one delivery. A deed takes effect only…
2Cited by25 opinions
- State v. HillNebraska Supreme Court · 1896
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- Smith v. Board of SupervisorsIllinois Supreme Court · 1871
- Belleville Savings Bank v. BornmanIllinois Supreme Court · 1888
- County of King v. FerryWashington Supreme Court · 1893
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