Lyman v. Clark
Massachusetts Supreme Judicial Court
This was an action of debt upon a bond executed by the defend ants, as sureties for Eleazer Clark, conditioned for his faithful dis charge of the trust of executor of the last will of Caleb Clark, Esq., deceased, dated the 4th day of December, 1792. It appeared that the action was brought for the benefit of Esther, the wife of one Wing, to whom a legacy of fifty pounds was bequeathed in and by the said last will.
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This was an action of debt upon a bond executed by the defend ants, as sureties for Eleazer Clark, conditioned for his faithful dis charge of the trust of executor of the last will of Caleb Clark, Esq., deceased, dated the 4th day of December, 1792. It appeared that the action was brought for the benefit of Esther, the wife of one Wing, to whom a legacy of fifty pounds was bequeathed in and by the said last will. The defendants, after oyer of the bond and condition, plead in bar a release by the said Esther, jointly and severally with others, of all demands, against the said Eleazer, as he…
1Opinion of the Court
By the Court.
The words used in this release ought not to be extended beyond the consideration. Otherwise we should make a release for the parties which they never intended or contemplated. The whole instrument is to be taken together, and not divided into parts, as has been ingeniously attempted by the counsel for the defendants. It is a general and a reasonable rule, that more general words in an instrument shall be restrained by other expressions more limited in the same instrument, (a) But in examining the instrument under consideration, it is hardly necessary to appeal to this rule. The…
2Cited by18 opinions
- Todd v. MitchellIllinois Supreme Court · 1897
- Louisville Underwriters v. DurlandIndiana Supreme Court · 1890
- Hailey v. FalconerSupreme Court of Alabama · 1858
- Hoes v. Van HoesenNew York Court of Chancery · 1846
- Wittick v. TraunSupreme Court of Alabama · 1855
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