Fish v. Dana
Massachusetts Supreme Judicial Court
Debt on bond for 3000 dollars, conditioned that whereas the plaintiff had that day sold and conveyed to the defendant a certain house and land in Boston, subject to a mortgage thereon to one W. P., and the defendant had agreed to satisfy and discharge the said mortgage, — if the said Dana or his assigns should discharge the said mortgage, and, within such time as he may choose, cause the deed to be discharged, and the notes therein described to be paid, satisfied, or…
Read the full summary
Debt on bond for 3000 dollars, conditioned that whereas the plaintiff had that day sold and conveyed to the defendant a certain house and land in Boston, subject to a mortgage thereon to one W. P., and the defendant had agreed to satisfy and discharge the said mortgage, — if the said Dana or his assigns should discharge the said mortgage, and, within such time as he may choose, cause the deed to be discharged, and the notes therein described to be paid, satisfied, or cancelled, and should, moreover, indemnify the said Fish, his heirs, &c., against the said mortgage and notes, and from all…
1Opinion of the Court
Curia.
The rejoinder is immaterial. The defendant was to take his own time to discharge the mortgage and pay the notes mentioned. But he was, in all events, to indemnify the plaintiff, lie has failed so to do; and the plaintiff is entitled to judgment.
ADDITIONAL NOTE.
[See, as to bonds of indemnity, Negrus, 7 Wend. 499. — Chace vs. Hinman, 8 Wend, 452. —F. H.]
2Cases cited1 opinion
- In re NegusNew York Supreme Court · 1832
3Cited by7 opinions
- Pope v. HaysTexas Supreme Court · 1857
- Montgomery Door & Sash Co. v. Atlantic Lumber Co.Massachusetts Supreme Judicial Court · 1910
- Ewing v. ReillySupreme Court of Missouri · 1863
- Richards v. WhittleSuperior Court of New Hampshire · 1844
- Conner v. BeanSupreme Court of New Hampshire · 1861
2 more not listed; retrieve them via the Exa API.