Williams v. Evans

City of New York Municipal Court

Williams v. Evans

2 N.Y. City Ct. Rep. 235

DecidedApril 15, 1884

StatusPublished

This text of 2 N.Y. City Ct. Rep. 235 (Williams v. Evans) is published on Counsel Stack Legal Research, covering City of New York Municipal Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Williams v. Evans, 2 N.Y. City Ct. Rep. 235 (N.Y. Super. Ct. 1884).

Pincite

Opinion

McAdam, Ch. J.

The action is on a voluntary bond executed by the defendant; it is under seal, Which implies a consideration, and expresses an actual Consideration as well. The bond was not to the sheriff but to the judgment creditor. Such bonds are not affected by the. statute in reference to obligations exacted by the sheriff, colore offievi. [236]*236The creditor may make such agreement or take such security as he pleases on discharging his debtor from arrest, so long as the officer has no beneficial interest therein (Winter v. Kinney, 1 N. Y. 368; Cook v. Frendenthal, 80 Id. 202; Soles v. Adee, 84 Id. 237. The. breach was clearly proved. There was no legal defense and the judgment is right'. The exception at fol. 45 is of no value, as the question ruled out has no pertinency' to any issue raised by the pleadings!

It follows that the judgment. must be affirmed, with costs. , . ■

Hehrbas and Hyatt, JJ., concur.

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McAdam, Ch. J.

The action is on a voluntary bond executed by the defendant; it is under seal, Which implies a consideration, and expresses an actual Consideration as well. The bond was not to the sheriff but to the judgment creditor. Such bonds are not affected by the. statute in reference to obligations exacted by the sheriff, colore offievi. [236]*236The creditor may make such agreement or take such security as he pleases on discharging his debtor from arrest, so long as the officer has no beneficial interest therein (Winter v. Kinney, 1 N. Y. 368; Cook v. Frendenthal, 80 Id. 202; Soles v. Adee, 84 Id. 237. The. breach was clearly proved. There was no legal defense and the judgment is right'. The exception at fol. 45 is of no value, as the question ruled out has no pertinency' to any issue raised by the pleadings!

It follows that the judgment. must be affirmed, with costs. , . ■

Hehrbas and Hyatt, JJ., concur.

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Bluebook (online)

2 N.Y. City Ct. Rep. 235, Counsel Stack Legal Research, https://law.counselstack.com/opinion/williams-v-evans-nynyccityct-1884.