Bennett v. . Brown
New York Court of Appeals
Appeal from the Supren^e Court. Action upon a bond executed by the defendant upon the issuing of an attachment by a justice of the peace against the plaintiffs as non-resident debtors under the provisions of the act to abolish imprisonment for debt. (§ 33, Laws of 1831, p. 403.) The defendant pleaded, first, non est factum. The second plea raised the ques tion whether or not a bond was authorized and required by the statute on issuing such an attachment.
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Appeal from the Supren^e Court. Action upon a bond executed by the defendant upon the issuing of an attachment by a justice of the peace against the plaintiffs as non-resident debtors under the provisions of the act to abolish imprisonment for debt. (§ 33, Laws of 1831, p. 403.) The defendant pleaded, first, non est factum. The second plea raised the ques tion whether or not a bond was authorized and required by the statute on issuing such an attachment. To this the plaintiff demurred, and the demurrer was sustained. (4 Gomst., 254.) After this decision there was a trial before a referee, who…
1Opinion of the CourtSelden, J.
The appellant is undoubtedly right in the position, that although a deed is duly signed and sealed by the party to be bound by it, yet if, instead of being delivered absolutely, it is left in the hands of a third party to take effect upon some contingency thereafter to occur, it does not become obligatory,-and is not the deed of the party signing it until the contingency happens. The question here is, whether this is such a case.
In determining the effect of the agreement upon which the bond, in this case was left with the justice, we are not to look solely at the mere words of the parties,…
2Cases cited1 opinion
- Ball v. GardnerNew York Supreme Court · 1839
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- Robinson v. . PlimptonNew York Court of Appeals · 1862
- Roehrs v. ThompsonSupreme Court of Minnesota · 1932
- Wolcott v. . HolcombNew York Court of Appeals · 1865
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