Ring v. Gibbs
New York Supreme Court
ERROR from the Supreme Court. Ring and another brought an action of debt in the New-York common pleas against Gibbs and another, on a bond executed by the defendants to release from arrest a ship against which summary proceedings had been had under the statute, 2 R. S. 493. The plaintiffs declared setting forth the bond, and the condition in these words:&emdash;“To which said bond or writing obligatory, a condition was underwritten, that if the said W. C. G. and C. Y. S. K.…
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ERROR from the Supreme Court. Ring and another brought an action of debt in the New-York common pleas against Gibbs and another, on a bond executed by the defendants to release from arrest a ship against which summary proceedings had been had under the statute, 2 R. S. 493. The plaintiffs declared setting forth the bond, and the condition in these words:&emdash;“To which said bond or writing obligatory, a condition was underwritten, that if the said W. C. G. and C. Y. S. K. pay the amount of all such demands as shall be established to have been subsisting liens upon the vessel or ship the…
1Opinion of the Court
At the close of the argument, the Chancellor said that he was inclined to think that no member of the court could desire time for consideration before proceeding to judgment in this case. It appeared to him a very plain case. The supreme court had held the bond void, but he could not perceive for what reason. It was not a bond taken colore officii, for though taken by the officer who had issued the warrant, it was not a bond to himself, but was executed to and for the benefit of the parties suing out the warrant.* Nor did the variance of the condition from the terms of the statute, render the…
2Cases cited1 opinion
- Acker v. BurrallNew York Supreme Court · 1839
3Cited by21 opinions
- Board of Education v. GrantMichigan Supreme Court · 1895
- Gerould v. . WilsonNew York Court of Appeals · 1880
- McCracken v. ToddSupreme Court of Kansas · 1862
- Franklin v. PendletonThe Superior Court of New York City · 1850
- People ex rel. Attorney-General v. ScannellCalifornia Supreme Court · 1857
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