Albany Dutch Church v. Vedder
New York Supreme Court
The plaintiffs in this case declared in debt on a bond bearing date 15th February, 1826, in the penal sum of $5000, conditioned that Gerrit Gates should faithfully execute the duties of the office of treasurer of the Reformed Protestant Dutch Church in the city of Albany; and should, whenever thereunto reqUjre(]! render a true and just account of all his receipts, expenditures and transactions in such office; that he would keep a separate account in the Bank of Albany, as…
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The plaintiffs in this case declared in debt on a bond bearing date 15th February, 1826, in the penal sum of $5000, conditioned that Gerrit Gates should faithfully execute the duties of the office of treasurer of the Reformed Protestant Dutch Church in the city of Albany; and should, whenever thereunto reqUjre(]! render a true and just account of all his receipts, expenditures and transactions in such office; that he would keep a separate account in the Bank of Albany, as such treasurer, of all monies received by him on account of the church; and would not draw out from such bank any monies…
1Opinion of the Court
By the Court,
Savage, Ch. J.
The demurrers in this case raise two questions: 1. Upon the sufficiency of the second assignment of the breach in the declaration; and 2. Upon the sufficiency of the defendant’s last'pledf both in matter of substance and in form.
As to the second breach assigned in the plaintiff’s declaration, the general rule no doubt is, that a breach is sufficient if assigned in the words of the covenant. 2 Chit. Pl. 325. 1 Bos. & Pul. 643. The words of the condition of the' bond are, that Gerrit Gates shall “ keep a separate account in the Bank of Albany, as such treasurer, of…
2Cases cited4 opinions
- United States v. KirkpatrickSupreme Court of the United States · 1824
- DOX v. the Postmaster-GeneralSupreme Court of the United States · 1828
- Warner v. BeardsleyCourt for the Trial of Impeachments and Correction of Errors · 1831
- People v. RussellNew York Supreme Court · 1830
3Cited by8 opinions
- Wheeling v. BlackWest Virginia Supreme Court · 1884
- Dennis v. RiderU.S. Circuit Court for the District of Illinois · 1841
- Douglass v. FerrisNew York Supreme Court · 1892
- Town of Hadley v. GarnerAppellate Division of the Supreme Court of the State of New York · 1906
- Atlantic & Pacific Telegraph Co. v. BarnesThe Superior Court of New York City · 1875
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