Stegman v. Hollingsworth
New York Supreme Court
Appeal from, special term, Kings county. Action by Lewis R. Stegman against Henry S. Hollingsworth and others upon a paper executed by a deputy-sheriff and his sureties to indemnify and! save harmless the plaintiff, as sheriff, from any loss he might sustain bv default of said deputy.
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Appeal from, special term, Kings county. Action by Lewis R. Stegman against Henry S. Hollingsworth and others upon a paper executed by a deputy-sheriff and his sureties to indemnify and! save harmless the plaintiff, as sheriff, from any loss he might sustain bv default of said deputy. The complaint assigned as a breach of the condition contained in the instrument that the deputy-sheriff had not paid over a surplus on á foreclosure sale of $3,100 to the sheriff, nor into court, as the law directs. Said instrument contained a condition, among others, that the deputy-sheriff would “at the…
1Opinion of the CourtBarnard, P. J.
The paper set forth in the complaint rests upon a consideration. It was given upon the appointment of Francis S. Hodgekinson as under-sheriff of Kings county by the plaintiff, who was the sheriff. It recites that it is sealed, but in fact it was not. It was not given for a past consideration, but the entire official duty of the 'tinder-sheriff thereafter was to be secured by it. An agreement of indemnity is good by paroi. The consideration was original and direct as between the sheriff and the defendant-The appointment depended on it, and the promise rested on the appointment-The paper…
2Cases cited1 opinion
- Willet v. StewartNew York Supreme Court · 1864
3Cited by1 opinion
- Lord v. CurrySupreme Court of Florida · 1916