Apthorp v. North
Massachusetts Supreme Judicial Court
This was an action of debt upon a bond made by the defendants, John North, Joseph North, Jun., Jonathan Pollard, and James Noj-th, payable to Peleg Coffin, Esq., treasurer of the commonwealth, and his successors in office, for 2000 dollars, and dated July 1, 1799; with condition that the said John should well and truly execute the office of a coroner in the county of Kennebeck, to which he had been commissioned on the 28th of February preceding.
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This was an action of debt upon a bond made by the defendants, John North, Joseph North, Jun., Jonathan Pollard, and James Noj-th, payable to Peleg Coffin, Esq., treasurer of the commonwealth, and his successors in office, for 2000 dollars, and dated July 1, 1799; with condition that the said John should well and truly execute the office of a coroner in the county of Kennebeck, to which he had been commissioned on the 28th of February preceding. On the trial, which was had upon the general issue of' non est factum, before Thatcher, J., at the last October term in this county, it appeared in…
1Opinion of the CourtParker, C. J.
If the fact stated in this case, that the bond declared on was offered to the Court for approbation, and was not approved, must necessarily be construed to mean that it was rejected by the Court, the inference drawn by the counsel for the defendants, that it never became effectual by a delivery, would be irresistible.
But such a construction is so inconsistent with other facts in the *149case, about which there is no question, that we cannot adopt it; and the fact, as stated, must be considered as meaning only that there is no evidence of record of any formal approbation by the court. And in this…
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