Currier v. Currier
Superior Court of New Hampshire
When no place is mentioned for the performance of an obligation, it must, as a general principle, be performed to the ohligee in person. But if the things to be delivered arc cumbersome, or the nature of the contract indicates a particular place of performance, this general principle does not apply.
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When no place is mentioned for the performance of an obligation, it must, as a general principle, be performed to the ohligee in person. But if the things to be delivered arc cumbersome, or the nature of the contract indicates a particular place of performance, this general principle does not apply. Collateral circumstances may be considered, to ascertain the place intended by the parties A readiness to deliver the articles at the proper place, and due notice thereof, exonerate the obligor. This was debt on a bond to the plaintiff and her husband jointly and severally. Her husband, Jacob…
1Opinion of the Court
WooDBt/Rr, J.
The pleadings put in issue only the fulfilment of the bond, after the death of the plaintiff’s husband.
That issue has been properly found for the defendant, if he was not obliged to fulfil the bond, either to the plaintiff in person, or at such place as she might appoint. For, otherwise, the house of the defendant appeared to have been a suitable place for her maintenance, and his readiness to support her at such place, would be sufficient without an actual tender of any articles.(l j
This readiness and noticeofit to the plaintiff, in Á.D. 1869, wore distinctly proved at the…
2Cited by2 opinions
- Cummings v. PutnamSuperior Court of New Hampshire · 1849
- Martin v. BushTennessee Supreme Court · 1858