Dexter & Veazie v. Adams
New York Court of Appeals
Chauncey Dexter and Provost Veazie, plaintiffs, by Wm. \j. Hadley, their attorney, sued Amos Adams, sheriff of th'e city and county of Albany, in the Albany mayor’s court, in debt, for the escape of one John E. Jenkins from the jail limits of the city and county of Albany.
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Chauncey Dexter and Provost Veazie, plaintiffs, by Wm. \j. Hadley, their attorney, sued Amos Adams, sheriff of th'e city and county of Albany, in the Albany mayor’s court, in debt, for the escape of one John E. Jenkins from the jail limits of the city and county of Albany. Jenkins being in custody' of the sheriff upon a ca. sa. issued at the suit of the plaintiffs for $125.50 upon and by virtue of a certain judgment rendered in the mayor’s court of the' city of Albany, on the 14th February, 1842, in a plea of trespass on .the case, recovered by said plaintiffs against said Jenkins; and which…
1Opinion of the CourtBeardsley, J.
“ In my view of this case, there was no error in allowing ■ Jenkins to be sworn and examined as a witness for the defendant. It was urged on the argument, that notwithstanding the release executed by the defendant, the witness still remained liable to Olcott, who was surety in the bond for the limifs, and was bound to indemnify him against all damages which he might incur by means of the escape. This objection was not made on the trial; and if it had been, it probably would have been obviated at once by a release from Olcott, as it appears he assented to the execution of the one made by the…
2Cases cited7 opinions
- Owings v. HullSupreme Court of the United States · 1835
- Gibson v. ColtNew York Supreme Court · 1811
- Appleby v. ClarkMassachusetts Supreme Judicial Court · 1813
- Dexter v. AdamsNew York Supreme Court · 1846
- Cargill v. TaylorMassachusetts Supreme Judicial Court · 1813
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