New York Court of Appeals

The People of the State of New York, Appellants v. Hiram W. Bostwick and Others, Respondents

June 5, 186532 N.Y. 445

Summary

The Court affirmed the judgment for the defendants, holding that the bond was not delivered as a binding instrument because it was delivered by a special agent before the condition of Dickinson's signature was satisfied. The decision rests on the principle that delivery of a bond conditioned on another party's execution is ineffective until the condition is performed.