Ex parte Fulton

New York Supreme Court

Ex parte Fulton

7 Cow. 484

CourtNew York Supreme Court

DecidedOctober 15, 1827

StatusPublished

Cited by8 cases

This text of 7 Cow. 484 (Ex parte Fulton) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ex parte Fulton, 7 Cow. 484 (N.Y. Super. Ct. 1827).

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Opinion

*Ouria.

The only question is, whether this bond be

valid and binding on the surety without his being named .in it. We think it is. It is enough in any contract, that the intent of the party clearly appear, though it be not expressed fully and particularly. A full intent to be bound by the terms of this bond, is plain from the act of executing it. This view of the case is not only reasonable, but is supported by the authorities. (Dobson v. Keys, Cro. Jac. 261; Smith v. Crooker, 5 Id. 538, 540.) Both cases cited are in point.

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*Ouria.

The only question is, whether this bond be

valid and binding on the surety without his being named .in it. We think it is. It is enough in any contract, that the intent of the party clearly appear, though it be not expressed fully and particularly. A full intent to be bound by the terms of this bond, is plain from the act of executing it. This view of the case is not only reasonable, but is supported by the authorities. (Dobson v. Keys, Cro. Jac. 261; Smith v. Crooker, 5 Id. 538, 540.) Both cases cited are in point.

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Bluebook (online)

7 Cow. 484, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ex-parte-fulton-nysupct-1827.

Opinion

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