Northumberland v. Cobleigh
Supreme Court of New Hampshire
Debt, on four bonds given by Charles Cobleigh as principal, and Wayne Cobleigh as surety, and conditioned for the faithful performance by Charles of his duties as collector of the plaintiff town for the years 1870, 1871, 1872, and 1874. Plea, non est factum, with a brief statement of defence as follows: 1, performance; 2, that tlie plaintiffs have not been damnified; 8, that if damnified, it has been through their own wrong, and by their own default; 4, that so far as…
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Debt, on four bonds given by Charles Cobleigh as principal, and Wayne Cobleigh as surety, and conditioned for the faithful performance by Charles of his duties as collector of the plaintiff town for the years 1870, 1871, 1872, and 1874. Plea, non est factum, with a brief statement of defence as follows: 1, performance; 2, that tlie plaintiffs have not been damnified; 8, that if damnified, it has been through their own wrong, and by their own default; 4, that so far as Charles has neglected to perform the duties of collector, the neglect occurred through the direction and consent of the…
1Opinion of the CourtSmith, J.
1. The bonds being specially declared upon, and there having been no denial of the defendants’ signatures within the first four days of the first term, the signatures are regarded as admitted. No formal proof of their execution was therefore required. 46th Rule of Court.
2. There may be a less number of seals than signers to an instrument. One seal may serve for all; and where the bond contains the usual attestation clause, “ sealed with our seals,” the law will intend that all the signers adopt one seal. Pequawkett Bridge v. Mathes, 7 N. H. 230; Tenney v. Lumber Co., 43 N. H. 343.
3. It is…
2Cases cited2 opinions
- Town of Charlotte v. WebbSupreme Court of Vermont · 1835
- Town of Middlebury v. NixonSupreme Court of Vermont · 1828
3Cited by5 opinions
- New Hampshire Highway Hotel, Inc. v. City of ConcordSupreme Court of New Hampshire · 1979
- Spaulding v. NorthumberlandSupreme Court of New Hampshire · 1886
- Cain v. DickensonSupreme Court of New Hampshire · 1880
- Pittsburg v. TaborSupreme Court of New Hampshire · 1881
- Spinney v. SeabrookSupreme Court of New Hampshire · 1918