Scott v. Tyler
New York Supreme Court
The action was upon a bond of indemnity. The condition of the bond, after a recital that an execution in favor of Alonzo Forsyth and the defendant Baird, against William Porter, had been issued to the plaintiff as sheriff of the county of Livingston, by virtue of which a deputy of the plaintiff had levied on certain goods and chattels, alleged by the said Forsyth and Baird to belong to said Porter, but which were claimed by one Sanford Disbrow who had replevied the same from…
Read the full summary
The action was upon a bond of indemnity. The condition of the bond, after a recital that an execution in favor of Alonzo Forsyth and the defendant Baird, against William Porter, had been issued to the plaintiff as sheriff of the county of Livingston, by virtue of which a deputy of the plaintiff had levied on certain goods and chattels, alleged by the said Forsyth and Baird to belong to said Porter, but which were claimed by one Sanford Disbrow who had replevied the same from the plaintiff, and that the action of replevin was pending and undetermined, was as follows: “ That in case the said…
1Opinion of the CourtT. R. Strong, J.
Several questions are raised on the part of the defendants, but it is unnecessary to consider more than two. 1st. Does the condition of the bond embrace the damages and costs recovered by Disbrow, or any part thereof? and 2d. Is the condition broken by a mere liability of the plaintiff for the charges of his attorneys, without actual payment ?
In considering the first question, it is important to have regard to the state of things existing when the bond was given. *204The property, the taking of which was the subject of the replevin suit, had actually been seized under the execution; the liability…
2Cases cited4 opinions
- Churchill v. HuntNew York Supreme Court · 1846
- Webb v. Pond & LansingNew York Supreme Court · 1838
- Crippen v. Thompson & BishopNew York Supreme Court · 1849
- Campbell v. JonesNew York Supreme Court · 1830
3Cited by2 opinions
- Bancroft v. WinspearNew York Supreme Court · 1865
- Martin v. CampbellNew York Supreme Court · 1859