Page v. Trufant
Massachusetts Supreme Judicial Court
This was an action of debt on a bond for £120, dated Feb. 8, 1794, with condition to pay £58 10s. by certain instalments. The action was brought against Colson Trufant, the principal, and Joseph Trufant and Another as sureties. Service being made on Joseph only, the action proceeded against him alone. Upon oyer of the bond and condition, the defendant pleaded, 1st. Non est factum,. 2d.
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This was an action of debt on a bond for £120, dated Feb. 8, 1794, with condition to pay £58 10s. by certain instalments. The action was brought against Colson Trufant, the principal, and Joseph Trufant and Another as sureties. Service being made on Joseph only, the action proceeded against him alone. Upon oyer of the bond and condition, the defendant pleaded, 1st. Non est factum,. 2d. Actio non, because that, on the day of the date of the bond, a certain nugatory and void agreement was made between Colson Trufant and Maria (1) his wife, purporting that jealousies and animosities existed…
1Opinion of the CourtParker, J.
The question brought before the Court by the pleadings in this case is, whether the consideration of this bond is traversable. A mere voluntary bond, given without any consideration, is good. Bonds obtained by duress, given during infancy, and in certain other specified cases, —as, for instance, in restraint of trade, —are void in law. These cases are all stated and described in the books. The case before the Court comes within none of them.
Perhaps a court of chancery might compel the plaintiff to execute the covenant which it is stated he engaged to execute, but we possess no such power. The…
2Cases cited1 opinion
- Belden v. DaviesThe Superior Court of New York City · 1829
3Cited by19 opinions
- French v. McAnarneyMassachusetts Supreme Judicial Court · 1935
- Bailey v. DillonMassachusetts Supreme Judicial Court · 1904
- Fox v. DavisMassachusetts Supreme Judicial Court · 1873
- Calkins v. LongNew York Supreme Court · 1855
- Inhabitants of Hudson v. MilesMassachusetts Supreme Judicial Court · 1904
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