Fox v. Norton

Christiancy J.:

Was the bond properly admitted in evidence? This is the first and most important question in the case.

The declaration is upon a bond described as the bond of all the defendants below — Charles R. Fox (master of the steamer Empire), Thomas D. Gilbert and Francis B. Gilbert, sealed with their respective seals — and the obligation to pay is described as the joint obligation of all.

The bond offered in evidence describes the obligors as Charles R. Fox (present master of the steamer Empire), and Gilbert & Co., and is conditioned that the said Charles R. Fox, and Gilbert & Co. shall…