New York Court of Appeals

Gilbert v. . Wiman and Others.

December 5, 18481 N.Y. 550

Summary

The Court considered whether a bond executed by a deputy sheriff and his sureties was an indemnity that required proof of actual damage or an indemnity against liability for the sheriff. Because the sheriff had not shown payment of judgments or actual damage, the Court held no breach of the bond and denied a new trial. The decision affirms the lower court's denial of the plaintiff’s claim for damages.