People ex rel. Budd v. Ten Eyck
New York Supreme Court
Action on sheriff’s bond. This was an action of debt on the official bond of Asa Colvard, late sheriff of Albany&emdash;the defendants being sued as his sureties. The bond declared on is stated to have been executed on the 29th December, 1829, conditioned for the faithful discharge of the duties of the office of sheriff of the city and county of Albany, to which office Colvard was elected in the preceding month of November.
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Action on sheriff’s bond. This was an action of debt on the official bond of Asa Colvard, late sheriff of Albany&emdash;the defendants being sued as his sureties. The bond declared on is stated to have been executed on the 29th December, 1829, conditioned for the faithful discharge of the duties of the office of sheriff of the city and county of Albany, to which office Colvard was elected in the preceding month of November. The breach alleged is, that on the 26th October, 1830, a test. fi. fa. in favor of the relator against A. Brooks for $211,^, returnable on the first Monday of January next…
1Opinion of the Court
By the Court,
Sutherland, J.
The plea demurred to is founded on the assumption, that the breach assigned in -the declaration is the selling of Brooks’ property on the second execution, and paying the proceeds thereof over to the plaintiffs therein; both of which acts took place subsequently to the renewal of the sheriff’s security, on the 13th of January, 1831, whereby the present defendants ceased to be responsible for the future acts or omissions of the sheriff. It is expressly enacted, in the revised statutes, that the sureties in any official bond shall be exonerated from all liability by…
2Cases cited1 opinion
- Rickert v. SnyderNew York Supreme Court · 1830
3Cited by3 opinions
- Chambers v. AndersonCourt of Appeals for the Sixth Circuit · 1932
- Governor v. RobbinsSupreme Court of Alabama · 1844
- State v. WattsSupreme Court of Arkansas · 1861