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Pomeroy v. Avery

9 Paige Ch. 591 Court N.Y. Ch. Decision date 1842-05-17 English

Contents

Majority

p. 591
Pomeroy and others vs. Avery.

Headnote

Where the surety in a bond given upon the allowance of an injunction is a material witness for the complainant, he may be discharged by the court, and his bond cancelled, upon the complainants’ giving a new bond with sufficient sureties to be approved of by a master after due notice to the defendant in the suit of the time and place of approving the now sureties.
May 17.
This was an application by the complainants to substitute a new surety to a bond given upon the allowance of an injunction, upon an affidavit that the surety in such bond was a material witness for the complainant in the suit.
Q, Wright, for the complainants,
0. jlllen, for the defendant.

directed the surety to be changed and the bond to be delivered up and cancelled, upon the complainants’ filing a new bond of the same date, with the like condition, and in the same penalty, with two sufficient sureties to be approved of by a master, upon due notice to the defendant of the time and place of such approval.