Gardner v. . King
Supreme Court of North Carolina
An appeal from Guilford Superior Court of Law, at Spring Term, 1842, his Honor Judge Dick presiding. This was an action of Assumpsit, brought by the plaintiff on the undertaking of the defendant, written on a bond of John Rutter and Samuel Swartwout, which bond, with the condition and endorsement of the defendant, are in the words following, to wit: “ Know all men by these presents, that we, John Rutter and Samuel Swartwout, of the Cityr of New York, are held and firmly…
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An appeal from Guilford Superior Court of Law, at Spring Term, 1842, his Honor Judge Dick presiding. This was an action of Assumpsit, brought by the plaintiff on the undertaking of the defendant, written on a bond of John Rutter and Samuel Swartwout, which bond, with the condition and endorsement of the defendant, are in the words following, to wit: “ Know all men by these presents, that we, John Rutter and Samuel Swartwout, of the Cityr of New York, are held and firmly bound unto Abel Gardner, Senior, of Guilford county, in the State of North Carolina, in the sum of fourteen thousand and…
1Opinion of the CourtGaston, J.
The defendani in this case can be held responsible only to the extent of his engagement, and this cannot be construed to bind him further than that the obligors in the bond, which he guaranteed, should tnakejjpayment ac-, cording to its terms. These terms are explicit. The obli-gors are to pay “ at the expiration of two years from the date, on receiving from the obligee a title to the land.” The recital in the condition may properly be considered for the purpose of elucidating the meaning of the terms, where they are at all ambiguous; but there is nothing ambiguous in them. The payment of the…
2Cited by1 opinion
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