Mayor of Newark v. Stout
Supreme Court of New Jersey
On demurrer to pleas. This suit was brought against Stout and his sureties upon-his official bond as city treasurer of Newark. The condition, of the bond is, that Stout should “truly and faithfully perform all the duties enjoined on him as city treasurer of the city of Newark.” Stout was appointed treasurer in January, 1867, and continued in office until January 15th, 1875. The bond is dated 'January 11th, 1867, and was made and executed in conformity with the city charter.
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On demurrer to pleas. This suit was brought against Stout and his sureties upon-his official bond as city treasurer of Newark. The condition, of the bond is, that Stout should “truly and faithfully perform all the duties enjoined on him as city treasurer of the city of Newark.” Stout was appointed treasurer in January, 1867, and continued in office until January 15th, 1875. The bond is dated 'January 11th, 1867, and was made and executed in conformity with the city charter. The declaration avers that it was the-duty of Stout, as city treasurer, to keep accurate and complete records of all…
1Opinion of the Court
The opinion of the court was delivered by
Depue, J.
The plea of the statute of limitations, that the causes of action in the declaration mentioned did not accrue within six years before suit brought, is clearly bad. The section of the Limitation act which prescribes six years as the period of limitation of actions, applies only to contracts “without specialty.” Bonds are contracts by deed or specialty, and are excluded from the operation of this section. Ang. IAm., § 88.
The plea filed by one of the defendants, that he became a bankrupt within the true intent and meaning of the act of congress…
2Cases cited10 opinions
- United States v. KirkpatrickSupreme Court of the United States · 1824
- DOX v. the Postmaster-GeneralSupreme Court of the United States · 1828
- Board of Supervisors v. . OtisNew York Court of Appeals · 1875
- Watertown Fire Insurance v. SimmonsMassachusetts Supreme Judicial Court · 1881
- Tapley v. MartinMassachusetts Supreme Judicial Court · 1874
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3Cited by11 opinions
- State ex rel. Moore v. ArchibaldNorth Dakota Supreme Court · 1896
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- Ferry v. County of KingWashington Supreme Court · 1891
- Durfee v. KellyMassachusetts Supreme Judicial Court · 1917
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