Beers v. Pinney
New York Supreme Court
Demurrer to pleas. The plaintiff declared on a bond of indemnity, given by the defendants to save him harmless from any loss he might sustain in consequence of having become special bail for Pinney, in a suit brought by one Johnson against Pinney in the Onondaga common pleas.
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Demurrer to pleas. The plaintiff declared on a bond of indemnity, given by the defendants to save him harmless from any loss he might sustain in consequence of having become special bail for Pinney, in a suit brought by one Johnson against Pinney in the Onondaga common pleas. The plaintiff avers, that on the twenty-sixth day of January, 1829, Johnson instituted a suit against him, the plaintiff, upon his recognizance of bail, for the recovery of $166,03, the amount adjudged to Johnson in his suit against Pinney: of which suit, the defendants, on the day of its commencement, had notice. The…
1Opinion of the Court
By the Court,
Sutherland, J.
The declaration avers that the plaintiff gave immediate notice to the defendants of the commencement of the suit against him, upon his recognizance by Johnson, and of the nature and pendency thereof and the proceedings therein. After such notice, they were bound to defend the suit; and whether they did or did not, *311the recovery is conclusive against them. 1 Johns. R. 517. 6 id. 158. 7 id. 168. 4 Cowen, 340.
The defendants were not prejudiced by the surrender of Pinney to the Herkimer county jail by the plaintiff, whether that surrender operated as a discharge of the…
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