Wood v. Willis
Massachusetts Supreme Judicial Court
Coetbact. Writ dated August 25, 1871. The declaration was as follows: “ The plaintiff says the defendant executed to him a bond, a copy of which is hereto annexed.
Read the full summary
Coetbact. Writ dated August 25, 1871. The declaration was as follows: “ The plaintiff says the defendant executed to him a bond, a copy of which is hereto annexed. And the plaintiff says the referees named in said bond awarded that the defendant should pay to the plaintiff the sum of thirty-six dollars in fui/ of all damage on said meadows caused by flowage for the three years last past up to the first day of April 1860, and further awarded that the defendant should pay said plaintiff the sum of twelve dollars on or before the first day of April annually, so long as the defendant should cause…
1Opinion of the CourtAmes, J.
The instrument set forth in the declaration was properly described as a bond. Hubbell v. Bissell, 2 Allen, 196. Each party bound himself to the other in a penal sum; the condition of the obligation being that it should become void, as to the defendant, if he should make such payments as the award of the referees should determine; and as to the plaintiff, if he should accept such payments as his compensation for the flowage upon his lands. The bond and its conditions are set forth in full in the declaration, and the demurrer does not point out any particulars in which the conditions were not…
2Cited by2 opinions
- Evans v. ClappMassachusetts Supreme Judicial Court · 1877
- American Agricultural Chemical Co. v. Aetna Casualty & Surety Co.Massachusetts Supreme Judicial Court · 1934