Bailey v. Rogers
Supreme Judicial Court of Maine
DEBT on a bond given to the plaintiff in his capacity of Judge of Probate, by one Ridley and the other defendants his sureties, as guardian to certain minors.
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DEBT on a bond given to the plaintiff in his capacity of Judge of Probate, by one Ridley and the other defendants his sureties, as guardian to certain minors. The defendants prayed oyer of the condition, which was that if the said Ridley “ shall “ and do well and truly perform and discharge the trust and of- “ lice of guardian unto the said minors, and that in and by all 11 things according to law, and shall render a plain and true ac- “ count of his said guardianship upon oath, and all and singular ⅛ such estate as shall come to his hands and possession by vir- “ tue thereof, and all profits…
1Opinion of the Court
Preble J.
If the objection taken to the defendant’s plea, that omnia performavit is not a good plea in debt on bond, be supported, the plaintiff is entitled to judgment, even if his replication be defective or insufficient, on the well known principle, that judgment will be rendered against the party, who commits the first fault in pleading.
In covenant the plea of performance generally, where all the covenants are in the affirmative, is a good plea. But, if any of the covenants are in the negative, such a plea is not good. Co. Litt. 303, b. [a]. Cropwell v. Peachy, Cro. Eliz. 691. The mere…
2Cases cited6 opinions
- Postmaster-General of the United States v. CochranNew York Supreme Court · 1807
- Sevey v. BlacklinMassachusetts Supreme Judicial Court · 1807
- Strong v. SmithNew York Supreme Court · 1805
- Otis v. BlakeMassachusetts Supreme Judicial Court · 1810
- Dawes v. GoochMassachusetts Supreme Judicial Court · 1812
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Rhode Island Mortgage Security Corp. v. Century Indemnity Co.Superior Court of Rhode Island · 1932