Marshall v. Bryant
Massachusetts Supreme Judicial Court
Debt on bond for $500, dated the 23d of May, 1807, and payable on demand. The condition of the bond, of which the defendant had oyer, recited that one B. Pearson had on that day assigned to the defendant a certain mortgage made to him by one J. Thurston, dated the I3th of April, 1807, the condition of which mortgage was, the pay ment of two notes of hand, one payable in six and the other in twelve months from the date of the said mortgage ; and that the latter of the said…
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Debt on bond for $500, dated the 23d of May, 1807, and payable on demand. The condition of the bond, of which the defendant had oyer, recited that one B. Pearson had on that day assigned to the defendant a certain mortgage made to him by one J. Thurston, dated the I3th of April, 1807, the condition of which mortgage was, the pay ment of two notes of hand, one payable in six and the other in twelve months from the date of the said mortgage ; and that the latter of the said notes had been indorsed by Pearson to the plaintiff, and the other to the defendant; and that the defendant had agreed to…
1Opinion of the CourtParker, C. J.
The question, presented by the demurrer and joinder in this case, turns upon the construction of the condition of the bond which is sued..Tt was contended on the part of the plaintiff, that the legal effect of the stipulation recited in the condition is, to oblige * the defendant to keep the mortgage, until he could raise [*323] enough from it to pay the plaintiff’s whole demand ; or that, if he should dispose of it for a less sum than would be sufficient for the payment of both notes, he must still satisfy the plaintiff the whole amount of his demand.
But we are satisfied that this is not the…
2Cases cited1 opinion
- Van Horne v. FondaNew York Court of Chancery · 1821
3Cited by4 opinions
- Hall v. PageSupreme Court of Georgia · 1848
- Holden v. CurtisSuperior Court of New Hampshire · 1819
- Whetmore v. MurdockU.S. Circuit Court for the District of Massachusetts · 1847
- Wilson v. WilsonSupreme Court of Iowa · 1856