Knight v. Cape May Sand Co.
Supreme Court of New Jersey
On rule to show cause. On May 30th, 1909, the Gape May Sand Company executed its bond with warrant of attorney to Annie C. Knight conditioned for the payment of $18,698.03. On the same'day the same obligor executed a like bond to J. Henry Edmunds, conditioned for the payment of $7,190.95, which bond was forthwith assigned by said Edmunds to Annie C. Knight.
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On rule to show cause. On May 30th, 1909, the Gape May Sand Company executed its bond with warrant of attorney to Annie C. Knight conditioned for the payment of $18,698.03. On the same'day the same obligor executed a like bond to J. Henry Edmunds, conditioned for the payment of $7,190.95, which bond was forthwith assigned by said Edmunds to Annie C. Knight. These bonds were due at once and contained no other obligation than the payment of their principal sums which aggregated $25,888.98. Later, on the same day, the same obligor executed to Annie C. Knight its bond conditioned for the payment…
1Opinion of the Court
*18The opinion of the court was delivered by
Garrison, J.
The question upon which this case turns may be decided either way accordingly as the statute is construed, liberally or strictly. The first question, therefore, is, in which of these modes is the statute to be construed ?
Upon that point this court is concluded by its previous decisions. In Mershon v. Castree, 28 Vroom 484, Mr. Chief Justice Beasley said, obiter: “The statute must be construed strictly, as it is in derogation of the common law force inherent in the bond and mortgage."
In Van Aken v. Tice, 31 Vroom 377, it was said that the…
2Cases cited3 opinions
- Callan v. BodineSupreme Court of New Jersey · 1911
- Mershon v. CastreeSupreme Court of New Jersey · 1895
- Van Aken v. TiceSupreme Court of New Jersey · 1897