Davis v. Gillett
Supreme Court of New Hampshire
Debt, founded upon the defendant’s bond, which was as follows: Know all men by these presents, that I, Orville EL Giliett, of Keene, in the county of Cheshire, am holden and. stand firmly bound unto "William L. Davis, of Keene aforesaid, in the sum of one thousand dollars, to the payment whereof well and truly to him I bind myself, my heirs, executors, administrators, and assigns firmly by these presents.
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Debt, founded upon the defendant’s bond, which was as follows: Know all men by these presents, that I, Orville EL Giliett, of Keene, in the county of Cheshire, am holden and. stand firmly bound unto "William L. Davis, of Keene aforesaid, in the sum of one thousand dollars, to the payment whereof well and truly to him I bind myself, my heirs, executors, administrators, and assigns firmly by these presents. Sealed with my seal and dated this [eleventh] day of May, A. D. 1866. The condition of this obligation is such, that whereas the said Davis has purchased of the said Giliett his goods,…
1Opinion of the CourtFoster, J.
In this case the defendant has given to the plaintiff his bond in a form very commonly adopted, in which, having acknowledged himself to be holden and bound to the plaintiff in the sum of one thousand dollars, he recites a condition to the effect that having agreed, for a certain valuable consideration, not to do certain things, he stipulates that, upon the performance of such condition, the obligation shall be void.
It is not denied, nor doubted, that the condition incorporates a lawful and proper contract, the performance of which may be enforced at law ; and the bond is unquestionably…
2Cases cited4 opinions
- Tayloe v. T. & S. SandifordSupreme Court of the United States · 1822
- Richards v. EdickNew York Supreme Court · 1853
- Administrators of Smith v. Administrators of WainwrightSupreme Court of Vermont · 1852
- Austin v. FullerNew York Supreme Court · 1852
3Cited by1 opinion
- State v. CorronSupreme Court of New Hampshire · 1905