Legal Opinion · Dissent

Steele v. Buck

Illinois Supreme Court

Decided September 15, 1871Published

Appeal from the Superior Court of Cook county; the Hon. ■ Joseph E. Gary, Judge, presiding..

1DissentJustice Sheldon

The destruction of the vessel offered to be proved in this case-svas by what may be properly termed, the act of God.

It seems to me to be a principle sustained by the authorities, that the obligor in a bond, in order to avoid the forfeiture of his obligation, is not bound at all events to perform the condition of the bond, but is excused from the performance where it has been rendered impossible by the act of God, or of the law. United States v. Thomas, 15 Wall. 337; Carpenter v. Stevens, 12 Wend. 589; The People v. Manning, 8 Cow. 296; The People v. Bartlett, 3 Hill, 570; Co. Litt. 206 (a).

No…

2Cases cited4 opinions

  1. United States v. ThomasSupreme Court of the United States · 1873
  2. Carpenter v. StevensNew York Supreme Court · 1834
  3. Hyland v. PaulNew York Supreme Court · 1860
  4. Jackson ex dem. Hardenburgh v. McClallenNew York Supreme Court · 1828

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