Eliot National Bank v. Beal
Massachusetts Supreme Judicial Court
Contract, against the administrators de bonis non, with the will annexed, of the estate of Moses C. Beal, upon a bond executed by Royal B. Conant as principal, and by the defendants’ intestate as surety, given for the faithful performance by Conant of his duties as cashier of the plaintiff bank; and the last condition of which was, “ that no suit at law shall be brought or founded upon it, unless the same be commenced within the period of twelve months after the connection…
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Contract, against the administrators de bonis non, with the will annexed, of the estate of Moses C. Beal, upon a bond executed by Royal B. Conant as principal, and by the defendants’ intestate as surety, given for the faithful performance by Conant of his duties as cashier of the plaintiff bank; and the last condition of which was, “ that no suit at law shall be brought or founded upon it, unless the same be commenced within the period of twelve months after the connection of the said Royal B. Conant with said bank,.or his employment with said bank, shall have closed and been terminated.”…
1Opinion of the CourtC. Allen, J.
The defendants rely upon the concluding condition of the bond, “that no suit at law shall be brought or founded upon it, unless the same be commenced within the period of twelve months after the connection of the said Royal B. Conant with said bank, or his employment with said bank, shall have closed and been terminated,” as presenting an insuperable bar to the maintenance of the present action. But we do not think such is the just conclusion.
In the first place, a distinction has sometimes been made between the effect of a condition and of a contract; and it is said that if a condition, which…
2Cases cited12 opinions
- Riddlesbarger v. Hartford InsuranceSupreme Court of the United States · 1869
- United States v. PeckSupreme Court of the United States · 1880
- Wells v. CalnanMassachusetts Supreme Judicial Court · 1871
- Williams v. Bank of the United StatesSupreme Court of the United States · 1829
- Walker v. TuckerIllinois Supreme Court · 1873
7 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Kerrigan v. City of BostonMassachusetts Supreme Judicial Court · 1972
- Butterfield v. ByronMassachusetts Supreme Judicial Court · 1891
- Mittenthal v. MascagniMassachusetts Supreme Judicial Court · 1903
- Marvel v. PhillipsMassachusetts Supreme Judicial Court · 1894
- General Electric Co. v. Lexington Contracting Corp.Massachusetts Supreme Judicial Court · 1973
13 more not listed; retrieve them via the Exa API.