Beach v. Endress
New York Supreme Court
ON the 24th July, 1861, Richard H. Appleby sued William Marratt in the Supreme Court, and procured an order of arrest, and the plaintiff William H. Robinson became bail on arrest. Judgment Went against Marratt on the 16th January, 1862, for $351.59. Appleby thereupon sued Beach and Robinson, who then proceeded to surrender Marratt; whereupon the bond or agreement on which this action is founded, was given.
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ON the 24th July, 1861, Richard H. Appleby sued William Marratt in the Supreme Court, and procured an order of arrest, and the plaintiff William H. Robinson became bail on arrest. Judgment Went against Marratt on the 16th January, 1862, for $351.59. Appleby thereupon sued Beach and Robinson, who then proceeded to surrender Marratt; whereupon the bond or agreement on which this action is founded, was given. Judgment was obtained by Appleby against Beach and Robinson, 7th August, 1862, for the amount of the judgment against Marratt, and an execution was issued to the sheriff of Monroe on the…
1Opinion of the Court
By the Court, Johnson, J.
I am clearly of the opinion that the nonsuit was properly, granted. The action is sought to be maintained upon an undertaking which had been receipted in full and delivered up to the obligors, by the obligees, more than three years before such action was commenced, hfo fraud, or mistake of fact, by way of inducement to the obligees, to deliver up the obligation, is alleged or proved. At the time of the redelivery the defendant Endress paid the amount of a certain judgment which had been recovered against the obligees, together with certain motion costs, and the same…
2Cited by13 opinions
- Larkin v. . HardenbrookNew York Court of Appeals · 1882
- Luddington v. . BellNew York Court of Appeals · 1879
- Lanham v. MeadowsWest Virginia Supreme Court · 1913
- Roe v. . ConwayNew York Court of Appeals · 1878
- Doty v. WilsonNew York Supreme Court · 1871
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