Thomas v. Platts
Supreme Court of New Hampshire
Debt on bond. The plea was as follows : “And the said defendants come and defend, &c., when, &c., and pray oyer of the writing obligatory, and also of the conditions of the said writing obligatory: which are read to them in the words following: namely, Know all men by these presents, that we, Joseph Esty of Hinsdale, and 'Warren K. Platts of Chesterfield, both in the county of Cheshire, as principals, and George E. Esty of Hinsdale, aforesaid, as surety, are holden and stand…
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Debt on bond. The plea was as follows : “And the said defendants come and defend, &c., when, &c., and pray oyer of the writing obligatory, and also of the conditions of the said writing obligatory: which are read to them in the words following: namely, Know all men by these presents, that we, Joseph Esty of Hinsdale, and 'Warren K. Platts of Chesterfield, both in the county of Cheshire, as principals, and George E. Esty of Hinsdale, aforesaid, as surety, are holden and stand firmly bound unto Arnold Thomas of Hinsdale aforesaid, in the sum of two hundred dollars, to the payment whereof well…
1Opinion of the CourtBartlett, J.
The plaintiff claims to recover on the bond upon the ground that he has failed to obtain satisfaction of his judgment against Clarissa Brockway, by reason of the delay in his suit against her, occasioned by the defense made by Esty and Platts. The replication fails to show any such damage; on the contrary it sets out a legal satisfaction of that judgment. Green v. Bailey, 3 N. H. 33; Burnham v. Coffin, 8 N. H. 120; 2 Cru. 57; Pratt v. Jones, 22 Vt. 346. It avers that on the sixteenth day of November, 1860, the income of the debtor’s real estate and her interest in the real estate were set off…
2Cases cited1 opinion
- Stedman v. IngrahamSupreme Court of Vermont · 1850