Bruce v. Pearsall
Supreme Court of New Jersey
On error to the Monmouth Common Pleas. Action on bond containing the following recital and condition : “ Whereas, the said William H. Pearsall is a party to the contract for building a dwelling-house for one Annie M. Vietor, wife of George Frederick Vietor, the same to be erected on her land situate on the southerly side of the Rumson road and adjoining the easterly side of land of Mrs. Theodore Moss, in the township of Shrewsbury, in the county of Monmouth and State of New…
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On error to the Monmouth Common Pleas. Action on bond containing the following recital and condition : “ Whereas, the said William H. Pearsall is a party to the contract for building a dwelling-house for one Annie M. Vietor, wife of George Frederick Vietor, the same to be erected on her land situate on the southerly side of the Rumson road and adjoining the easterly side of land of Mrs. Theodore Moss, in the township of Shrewsbury, in the county of Monmouth and State of New Jersey, which contract bears date the 8th day of May, A. d. 1893. Now, therefore, the above-bounden James P. Bruce has…
1Opinion of the Court
The opinion of the court was delivered by
Garrison, J.
This is a writ of error. There are two assignments, resting, one upon the refusal to nonsuit the plaint*64iffs, the other upon the refusal to direct a verdict for the defendant; together they raise the question whether, at either of these stages of the trial, the court below should have ruled that as matter of law the surety was released. The contention in this respect is put upon two grounds—-first, that the claims-for labor and material paid by the plaintiff were not “ liens or claims” within the purview of the condition of the bond; and…
2Cases cited2 opinions
- Carlisle v. KnappSupreme Court of New Jersey · 1889
- Anderson Lumber Co. v. FriedlanderSupreme Court of New Jersey · 1892
3Cited by2 opinions
- Zion Baptist Church v. HebertSupreme Court of Colorado · 1933
- Stephens-Adamson Manufacturing Co. v. BigelowSupreme Court of New Jersey · 1913