Fish v. Dana

The rejoinder is immaterial. The defendant was to take his own time to discharge the mortgage and pay the notes mentioned. But he was, in all events, to indemnify the plaintiff, lie has failed so to do; and the plaintiff is entitled to judgment.

ADDITIONAL NOTE.

[See, as to bonds of indemnity, Negrus, 7 Wend. 499. — Chace vs. Hinman, 8 Wend, 452. —F. H.]