Pequawkett Bridge v. Mathes
Superior Court of New Hampshire
This was debt oil bond. The defendants, after craving oyer of the bond, and condition thereof, pleaded in abatement to the writ, that one Richard K. Young, who signed said writing obligatory, did likewise seal, and deliver the same as his act and deed, to the plaintiffs, and thereby became jointly bound with said defendants, and that said Young is still alive.
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This was debt oil bond. The defendants, after craving oyer of the bond, and condition thereof, pleaded in abatement to the writ, that one Richard K. Young, who signed said writing obligatory, did likewise seal, and deliver the same as his act and deed, to the plaintiffs, and thereby became jointly bound with said defendants, and that said Young is still alive. To which the plaintiffs replied — that said Young did-not seal and deliver said writing obligatory, as the defendants in their plea alleged, on which issue was joined. The said Young’s name is not mentioned in the bond, though it…
1Opinion of the CourtUpham, J.
It is admitted by the.pleadings in this case, that the bond declared on is signed by Richard K. Young. ;• and the evidence of. its delivery seems to be. conclusive, from the testimony of Mathes. But the defendant alleges that said Young did. not seal said writing, and it remains to be determined, from the : facts submitted, whether the seal of said Young is affixed, to the instrument, and he thereby became a party to it, so as to render it, necessary that he should be included in the. action, together with the other joint obligors.
The bond contains the. usual allegation, “ sealed with our…
2Cases cited2 opinions
- Hunt v. AdamsMassachusetts Supreme Judicial Court · 1810
- Smith v. CrookerMassachusetts Supreme Judicial Court · 1809
3Cited by1 opinion
- Bank of Cumberland v. BugbeeSupreme Judicial Court of Maine · 1841