Fay v. Ames
New York Supreme Court
APPEAL from a judgment entered on the verdict of a jury. The plaintiff was sheriff of Steuben county from 1856 to 1859. The defendant, E. Howard Ames, was one of his deputies, and the defendants, Ambrose Ames and A. H. Stone, were his sureties in the bond given by the deputy to the sheriff on receiving his appointment.
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APPEAL from a judgment entered on the verdict of a jury. The plaintiff was sheriff of Steuben county from 1856 to 1859. The defendant, E. Howard Ames, was one of his deputies, and the defendants, Ambrose Ames and A. H. Stone, were his sureties in the bond given by the deputy to the sheriff on receiving his appointment. Van Duzer & dagger, of New York, recovered a judgment against Graham, • Mallory and Miller, of Steuben county, for $474.13 and issued an execution thereon to the sheriff, (the plaintiff,) who received it on the 7th of April, 1857, and sent it to his deputy,. Ames, for…
1Opinion of the Court
By the Court, Welles, J.
There can he no doubt that the judgment in the action against the plaintiff, in favor of Van Duzer & dagger, was at least prima facie evidence of the facts it establishes, which show the clear liability of the *332present plaintiff, in that action. The appellant, however, offered to prove, on the trial, facts which he claimed excused his principal, the deputy sheriff, and by relation the sheriff, from liability to Van Duzer & dagger. 'If the facts so offered would, if proved, have had that effect, the evidence should have been received, unless the appellant was concluded…
2Cases cited3 opinions
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