Chelmsford Co. v. Demarest
Massachusetts Supreme Judicial Court
Action of contract against Samuel C. Demarest on a bond dated September 1st 1845, and executed by Henry D Phelps as principal, and the defendant and others as sureties, the condition of which was that “ whereas said Phelps has heretofore been chosen treasurer of said company, now therefore if said Phelps, during his continuance in said office, shall faithfully and punctually perform all the various duties incumbent on him in his said capacity, and shall account from time to…
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Action of contract against Samuel C. Demarest on a bond dated September 1st 1845, and executed by Henry D Phelps as principal, and the defendant and others as sureties, the condition of which was that “ whereas said Phelps has heretofore been chosen treasurer of said company, now therefore if said Phelps, during his continuance in said office, shall faithfully and punctually perform all the various duties incumbent on him in his said capacity, and shall account from time to time for all moneys and funds of said company that may come to his hands as treasurer, and if, on ceasing to hold said…
1Opinion of the CourtShaw, C. J.
This is an action on a bond given to the plaintiffs as a manufacturing corporation by Henry D. Phelps their treasurer, with sureties, conditioned for the faithful performance of his duty as such treasurer. The suit is against the defendant Demarest, one of the sureties, alone.
It appears by the report of the case, that Phelps was first chosen to the office in August 1845, at a special meeting, to fill a vacancy occasioned by the resignation of the treasurer chosen at the previous annual meeting in May. On the occasion of this election the bond now in suit was given, and no bond was given…
2Cases cited2 opinions
- Toombs v. StoneCourt of Appeals of Kentucky · 1859
- Bigelow v. BridgeMassachusetts Supreme Judicial Court · 1811
3Cited by3 opinions
- Texas Western Railway Co. v. GentryTexas Supreme Court · 1888
- Prowell v. State ex rel. HastySupreme Court of Alabama · 1904
- Kaw Life Ass'n v. LemkeSupreme Court of Kansas · 1889