Rosenstein v. Sammons

New York Supreme Court

Rosenstein v. Sammons

1 Hill & Den. 59

DecidedJanuary 15, 1841

StatusPublished

This text of 1 Hill & Den. 59 (Rosenstein v. Sammons) 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

Rosenstein v. Sammons, 1 Hill & Den. 59 (N.Y. Super. Ct. 1841).

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Opinion

By the Court, Bronson, J.

The case of Matthison v. For-bus, &c. (19 John. R. 292,) is not applicable to cases arising since 1830. (2 R. S. 349, § 16.) The defendant, in the original action not only neglected to appear, by putting in bail within the proper time, but the-sheriff was ruled and an attachment against, him had been ordered, before bail was put in; the costs ■ of which proceeding the sheriff had become'liable for and had promised to pay. It is impossible to deny that there had been a breach.of the condition of the bond, for which the sheriff was entitled to recover nominal damages, at least; and that is all that was involved in denying the motion for a nonsuit. There is no exception upon any other point.

Judgment affirmed.

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By the Court, Bronson, J.

The case of Matthison v. For-bus, &c. (19 John. R. 292,) is not applicable to cases arising since 1830. (2 R. S. 349, § 16.) The defendant, in the original action not only neglected to appear, by putting in bail within the proper time, but the-sheriff was ruled and an attachment against, him had been ordered, before bail was put in; the costs ■ of which proceeding the sheriff had become'liable for and had promised to pay. It is impossible to deny that there had been a breach.of the condition of the bond, for which the sheriff was entitled to recover nominal damages, at least; and that is all that was involved in denying the motion for a nonsuit. There is no exception upon any other point.

Judgment affirmed.

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Bluebook (online)

1 Hill & Den. 59, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rosenstein-v-sammons-nysupct-1841.