Hopkins v. Young
Massachusetts Supreme Judicial Court
The declaration was in covenant broken, for that the said Nathaniel, at, &c., on the 26th of January, 1810, by his certain writing, sealed with his seal, &c., authorized him, the said John S., to use the name of him, the said Nathaniel, in any suit or suits which the said John S. might think necessary to accomplish the object mentioned in said writing, viz., * to pay, or cause [ * 303 ] to be paid, an execution issued in favor of the Berkshire Bank, meaning the president,…
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The declaration was in covenant broken, for that the said Nathaniel, at, &c., on the 26th of January, 1810, by his certain writing, sealed with his seal, &c., authorized him, the said John S., to use the name of him, the said Nathaniel, in any suit or suits which the said John S. might think necessary to accomplish the object mentioned in said writing, viz., * to pay, or cause [ * 303 ] to be paid, an execution issued in favor of the Berkshire Bank, meaning the president, directors, and company, of the Berkshire Bank, against him, the said Nathaniel, for 208 dollars 17 cents damage, and 8…
1Opinion of the CourtJackson, J.
The defendant contends, in the first place, that the plaintiff cannot recover in this action, because the covenants in the deed declared on are dependent, and the defendant was not bound to perform his part until the plaintiff had "paid the debt of the defendant to the Berkshire Bank.
The decision of such a question does not depend merely on the arrangement of the words, and the order in which *279* they stand in the instrument; but on the nature of the [ * 305 ] transaction, and the order of time in which that requires
the covenants to be performed by the respective parties. Here the payment by…
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