Postmaster-General of the United States v. Cochran
New York Supreme Court
This was an action of debt, on a bond, given by the defendants and M. Ogden, the 16th November, 1797, to the postmaster general of the United. States.
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This was an action of debt, on a bond, given by the defendants and M. Ogden, the 16th November, 1797, to the postmaster general of the United. States. The declaration stated the execution of the bond, and set forth the condition, “that the said Matthias Ogden should well and truly execute the office of deputy postmaster at Fort Edward, and faithfully, once in three months, and oftener if required, account for and pay all moneys that should come to his hands for the postage of letters and newspapers, and. of whatever is by law chargeable with postage, to the postmaster-general.ofthe United…
1Opinion of the Court
Kent, Ch. J.
This was a suit on a bond for thp *415performance of covenants, and the plaintiff elected to assign breaches, in the first instance, in his declaration.— This he had a righto do, and it has even been recommended as the preferable mode. He assigned several breaches, and this also was lawful, and so it was held by this court in the case of Munro v. Alaire. (2 Caines, 328.) The plaintiff was sufficiently particular in the assignment of breaches. It is not presumed to have been within his knowledge or power to specify évery particular sum received by the defendant, and from whom, and at…
2Cited by14 opinions
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