Jansen v. Ostrander
New York Supreme Court
Debt on bond, tried at the Ulster Circuit, (1821) before his Honor (the late) Mr. Justice Van Ness. 'J'he declaration set forth a bond in the penalty of $11873,. 1 _ _ 02, executed by the defendant, Ostrander, as collector of t{ie. town of Kingston in Ulster county, for the year 1818, and the other defendants as his sureties, to Thomas Van Gaasbeck, supervisor of that town, pursuant to the first section of the act relative to the duties and privileges of towns, (2 R. L. 126)…
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Debt on bond, tried at the Ulster Circuit, (1821) before his Honor (the late) Mr. Justice Van Ness. 'J'he declaration set forth a bond in the penalty of $11873,. 1 _ _ 02, executed by the defendant, Ostrander, as collector of t{ie. town of Kingston in Ulster county, for the year 1818, and the other defendants as his sureties, to Thomas Van Gaasbeck, supervisor of that town, pursuant to the first section of the act relative to the duties and privileges of towns, (2 R. L. 126) and averred that the plaintiff was, at the time of the commencement of this suit, the successor of Van Gaasbeck, as…
1Opinion of the CourtWoodworth, J.
The declaration alleges that the bond was in the sum of $11873,02. The bond produced at the trial vyas for the same amount. It does not appear that there is any variance in the nisi prius record. The plea is nil debet. The defendants were too late to take advantage of the variance between the bond and oyer delivered ; they *676might have craved oyer, demurred specially, and availed themselves of the objection. (James v. Walruth, 8 John. 410.) ' '
It was contended on the argument, that the pleg of nil debet was not a denial of the bond. To this it may be answered, that such a plea to a bond,…
2Cases cited4 opinions
- Rouse v. MooreNew York Supreme Court · 1820
- Jackson ex dem. Lynch v. HartwellNew York Supreme Court · 1811
- Overseers of the Poor of Norwich v. Over Seers of the Poor of New-BerlinNew York Supreme Court · 1820
- James v. WalruthNew York Supreme Court · 1811
3Cited by13 opinions
- State v. BatesSupreme Court of Vermont · 1863
- Walling v. California Conserving Co.District Court, N.D. California · 1945
- Jenness v. City of Black HawkSupreme Court of Colorado · 1875
- Stevens v. HayMassachusetts Supreme Judicial Court · 1850
- Jones v. SchlapbackU.S. Circuit Court for the Northern District of Georgia · 1896
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