Richmond v. Woodard
Supreme Court of Vermont
Debt on bond. Declaration for that the defendants, Harvey H. Woodard, Daniel Tarbell, Jr., Edward B. Stanley, Horatio K. Blake and Solomon Downer, “respectively, on the 27th day of December, 1852, by their writing obligatory of that date, sealed with their seals, and which the said Richmond produces here in court, jointly and severally bound and acknowledged themselves to be indebted to the said Richmond, then, as now, sheriff of Windsor county aforesaid, in the sum of ten…
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Debt on bond. Declaration for that the defendants, Harvey H. Woodard, Daniel Tarbell, Jr., Edward B. Stanley, Horatio K. Blake and Solomon Downer, “respectively, on the 27th day of December, 1852, by their writing obligatory of that date, sealed with their seals, and which the said Richmond produces here in court, jointly and severally bound and acknowledged themselves to be indebted to the said Richmond, then, as now, sheriff of Windsor county aforesaid, in the sum of ten thousand dollars, to be paid to the said Richmond, Ms heirs, executors and administrators, or assigns, on demand ; yet…
1Opinion of the Court
Piebpoint, J
This case stands upon a demurrer to the plaintiff’s declaration, based upon an alleged defect in the condition of the bond declared upon. The bond itself is set out upon the record; of course no question arises as to the admissibility of evidence to explain any ambiguity that may appear upon the face of the instrument. The question is one of construction alone, and to be determined solely by the light afforded by the instrument itself.
In construing written instruments, the first point to be ascertained, as a guide to its meaning, is, what was the intention of the parties ; what…
2Cases cited1 opinion
- Administrator of Barnard v. RussellSupreme Court of Vermont · 1847
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