Benton v. Burbank
Supreme Court of New Hampshire
Debt, by Jacob Benton against Stephen Burbank and others, upon a bond, signed by Stephen Burbank as principal and by the other defendants as sureties, conditioned to “ indemnify said Jacob Benton against all loss, cost, damage, and expense to which he may be subject” by reason of becoming surety upon a recognizance for the appearance of Charles A. Burbank, a son of Stephen, at the November term of court in Coos county, in 1864, to answer to an indictment found against him at…
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Debt, by Jacob Benton against Stephen Burbank and others, upon a bond, signed by Stephen Burbank as principal and by the other defendants as sureties, conditioned to “ indemnify said Jacob Benton against all loss, cost, damage, and expense to which he may be subject” by reason of becoming surety upon a recognizance for the appearance of Charles A. Burbank, a son of Stephen, at the November term of court in Coos county, in 1864, to answer to an indictment found against him at the April term, 1864. The declaration set out the condition of the bond, and averred, in substance, that the plaintiff…
1Opinion of the CourtLadd, J.
It is said that this case hinges upon the construction of the contract under which the plaintiff claims, and the argument in favor of the ruling made by the judge at the trial, as I understand it, may be faii’ly stated as follows : By a true construction of the bond, the defendants did not undertake to indemnify the plaintiff for damage which he might bring upon himself by his own act; the brief statement shows that the damage which he has suffered was brought upon him by his own act; therefore, before he can recover, he must show affirmatively that the damage was not caused, as alleged in…
2Cases cited1 opinion
- First National Bank v. PritchardCourt of Appeals of Texas · 1884