Phœnix Fire Insurance Co. v. Mowatt

New York Supreme Court

Phœnix Fire Insurance Co. v. Mowatt

6 Cow. 599

CourtNew York Supreme Court

DecidedFebruary 15, 1827

StatusPublished

Cited by2 cases

This text of 6 Cow. 599 (Phœnix Fire Insurance Co. v. Mowatt) 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

Phœnix Fire Insurance Co. v. Mowatt, 6 Cow. 599 (N.Y. Super. Ct. 1827).

Pincite

Opinion

Curia.

We have not relieved special bail in this way, by reason of their principal being in prison, unless for life, or for a long term of years in another state. (1 John. Cas. 28. 18 John. 35.) A temporary imprisonment for any cause, might as well be urged, as the ground now taken. Bail take the risk of such an event. Time, perhaps, may be given to surrender, where they are pressed with a suit; but to grant an exoneretur at once, for every imprisonment, would render the security worthless.

Motion denied.

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Curia.

We have not relieved special bail in this way, by reason of their principal being in prison, unless for life, or for a long term of years in another state. (1 John. Cas. 28. 18 John. 35.) A temporary imprisonment for any cause, might as well be urged, as the ground now taken. Bail take the risk of such an event. Time, perhaps, may be given to surrender, where they are pressed with a suit; but to grant an exoneretur at once, for every imprisonment, would render the security worthless.

Motion denied.

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Bluebook (online)

6 Cow. 599, Counsel Stack Legal Research, https://law.counselstack.com/opinion/phnix-fire-insurance-co-v-mowatt-nysupct-1827.

Opinion

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