Westervelt v. Smith
The Superior Court of New York City
Case upon a verdict for the plaintiff, subject to the opinion of the court at general term, upon the exceptions taken on the trial. The action was brought by the plaintiff, late sheriff of the city and county of New York, against the defendant, as one of the sureties upon the bond given to the plaintiff, as sheriff, by Thomas Dunlap, one of Ms deputies, for the faithful performance of the duties of Ms office.
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Case upon a verdict for the plaintiff, subject to the opinion of the court at general term, upon the exceptions taken on the trial. The action was brought by the plaintiff, late sheriff of the city and county of New York, against the defendant, as one of the sureties upon the bond given to the plaintiff, as sheriff, by Thomas Dunlap, one of Ms deputies, for the faithful performance of the duties of Ms office. The complaint assigned the following breaches of the condition of the bond, First,—-That on the 24th of November, 1849, an execution in favor of Jeremiah Russell, against Thomas Sheldon…
1Opinion of the CourtBy The Court. Bosworth, J.
The affidavit, made by Dunlap, to procure a postponement of the trial of Shelton against Westervelt, was read in evidence without objection. That shows very clearly that Dunlap himself not only had actual notice of the pendency of that suit, but undertook the defence of it, so far as to endeavor to procure the testimony of witnesses deemed material, and that its defence was regarded by him as a defence made by himself. It also appears, by his own testimony, that he was present at the trial of Russell v. Westernvelt, and that he therefore had notice of that suit, and, presumptively, an…
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