Cutter v. Whittemore
Massachusetts Supreme Judicial Court
Debt on bond for 1000 dollars. On oyer, the bond, as written, purported to be the deed of the defendant, together with Royal Makepeace and Josiah Whittemore, jointly and severally ; but it was signed and sealed only by the two * first. [ * 443 ] The condition was to the following effect: Whereas complaints exist and are made against the said W. W., R. M., and J. W., by the said & C., for causing his soil to be dug up and subverted, and causing his mill-pond to be partly…
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Debt on bond for 1000 dollars. On oyer, the bond, as written, purported to be the deed of the defendant, together with Royal Makepeace and Josiah Whittemore, jointly and severally ; but it was signed and sealed only by the two * first. [ * 443 ] The condition was to the following effect: Whereas complaints exist and are made against the said W. W., R. M., and J. W., by the said & C., for causing his soil to be dug up and subverted, and causing his mill-pond to be partly filled up, and other injuries to be done to the said /S'. C.; and whereas the said [the obligors and obligee] have agreed to…
1Opinion of the CourtJAfKSON, J.
The questions arising in this case are substantial.y, 1st, whether the defendant was liable on this bond for the nonperformance of any award to be made by the arbitrators; and, 2dly, whether the award set forth in the pleadings is in pursuance of the submission.
The bond declared on is written as if to be executed by three, as joint and several obligors; but it is executed by * only two of them. It is nevertheless a valid bond, and [ * 445 ] effectual against the two by whom it was executed.
If there had been any agreement or condition, at the time, that it should not be delivered as their…
2Cases cited2 opinions
- Pawling and Others v. The United StatesSupreme Court of the United States · 1808
- Marston v. BaldwinMassachusetts Supreme Judicial Court · 1822
3Cited by38 opinions
- State ex rel. Bothrick v. PotterSupreme Court of Missouri · 1876
- Ward v. ChurnSupreme Court of Virginia · 1868
- State v. PeckSupreme Judicial Court of Maine · 1865
- State ex rel. Moore v. SanduskySupreme Court of Missouri · 1870
- Hall v. ParkerMichigan Supreme Court · 1877
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