Warner v. Ross
New York Supreme Court
Trial by the court without a jury. Mary A. Warner sued Helen L. Ross to recover on the following bond: “Know all men by these presents that I, Helen L. Ross, of the city of Elmira, county of Chemung, and State of New York, am held and firmly bound unto Mercy Henderson, Benjamin 'F: Van "Camp, Clark D. Knapp, and Mary A. Warner, jointly, their executors, administrators and assignees, for which payment well and truly, to be made, I bind myself, my heirs, executors and…
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Trial by the court without a jury. Mary A. Warner sued Helen L. Ross to recover on the following bond: “Know all men by these presents that I, Helen L. Ross, of the city of Elmira, county of Chemung, and State of New York, am held and firmly bound unto Mercy Henderson, Benjamin 'F: Van "Camp, Clark D. Knapp, and Mary A. Warner, jointly, their executors, administrators and assignees, for which payment well and truly, to be made, I bind myself, my heirs, executors and administrators, firmly by these presents. Whereas M. Cornelia Brown, a non-resident of the State of New .York, has commenced an…
1Opinion of the CourtBarker, J.
Upon the trial, all the allegations in the complaint were admitted to be true. No objection is made by the defendant against a recovery for the first cause of action set forth in the complaint.
As to the second cause of action, the execution and delivery of the instrument is admitted, but it is denied by the defendant that it expresses any legal liability, that by its terms she has not made any promise whatever to pay the costs which the plaintiff seeks to recover. The plaintiff cannot recover upon the instrument as a statutory bond, for the reason that in essential particulars, it is not in…
2Cases cited3 opinions
- United States v. HodsonSupreme Court of the United States · 1870
- United States v. TingeySupreme Court of the United States · 1831
- Board of Education v. . FondaNew York Court of Appeals · 1879
3Cited by3 opinions
- Spencer v. Wabash RailroadAppellate Division of the Supreme Court of the State of New York · 1899
- Fourth National Bank v. ScottNew York Supreme Court · 1883
- Spencer v. Wabash RailroadAppellate Division of the Supreme Court of the State of New York · 1899