New York Court of Appeals

John Griffiths, Respondent v. Jacob Hardenbergh, Appellant

December 5, 186941 N.Y. 464

Summary

The Court affirmed the judgment, holding that the indemnity bond was valid and covered the sheriff's prior levy, that surrounding facts at the time of execution may be used to interpret the contract, and that recovery is limited to the bond penalty plus interest. The Court also ordered that any excess recovery be deducted rather than reversing the judgment.