Noyes v. Spaulding
Supreme Court of Vermont
Construction and performance of contract to transfer rail road stock. Wagering contract. New trial. Debt on a bond executed and delivered by the defendant to the plaintiff, the obligatory part of which was in the common form, in the penal sum of three thousand dollars, dated August 21, 1848. The condition was as follows: “The condition of this obligation is such, that if the above “ bounden obligor, bis heirs, executors, or administrators, shall and “ doth well and truly…
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Construction and performance of contract to transfer rail road stock. Wagering contract. New trial. Debt on a bond executed and delivered by the defendant to the plaintiff, the obligatory part of which was in the common form, in the penal sum of three thousand dollars, dated August 21, 1848. The condition was as follows: “The condition of this obligation is such, that if the above “ bounden obligor, bis heirs, executors, or administrators, shall and “ doth well and truly pay, or cause to be paid unto the above named “ obligee, or to bis certain attorney, representatives, or assigns, on “ the…
1Opinion of the Court
The opinion of the court was delivered by
Isham, J.
The questions in this case arise on exceptions, and also on a petition for a new trial. The bond in suit was given on the 21st day of August, 1848, conditioned for the, payment of fifteen hundred dollars on the 21st day of August, 1851, for which payment, the plaintiff was then to deliver to the defendant twenty shares of the stock of the Vermont and Massachusetts Railroad Company.
To sustain this action, the plaintiff must have performed the conditions of the bond on his part; for the delivery of the stock, and the payment of the money are…
2Cases cited7 opinions
- Union Bank of Georgetown v. LairdSupreme Court of the United States · 1817
- Oxford Turnpike Co. v. BunnelSupreme Court of Connecticut · 1827
- Campbell v. PhelpsMassachusetts Supreme Judicial Court · 1821
- Collamer v. DaySupreme Court of Vermont · 1829
- Beckwith v. Town of MiddlesexSupreme Court of Vermont · 1848
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3Cited by10 opinions
- White River Savings Bank v. Capital Savings Bank & Trust Co.Supreme Court of Vermont · 1904
- Whitesides v. HuntIndiana Supreme Court · 1884
- Bryant v. Western Union Tel. Co.U.S. Circuit Court for the District of Kentucky · 1883
- Capital Candy Company v. City of MontpelierSupreme Court of Vermont · 1968
- Crowder v. TerhorstIndiana Court of Appeals · 1939
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