Carr v. Ladd
Superior Court of New Hampshire
This was debt on a bond made by Nathaniel Ladd, A.B., and Samuel Ladd. The bond was joint and several. The condition recited that the plaintiff had appointed Nathaniel Ladd, one of the obligors, to be a deputy sheriff under him (without any limitation of time). There were the usual stipulations : that he should faithfully execute the office, indemnify the sheriff, and pay over a certain proportion of the fees.
Read the full summary
This was debt on a bond made by Nathaniel Ladd, A.B., and Samuel Ladd. The bond was joint and several. The condition recited that the plaintiff had appointed Nathaniel Ladd, one of the obligors, to be a deputy sheriff under him (without any limitation of time). There were the usual stipulations : that he should faithfully execute the office, indemnify the sheriff, and pay over a certain proportion of the fees. Since the last continuance, the administratrix, Abigail Ladd, died; and at this Term the administrator de bonis non was admitted to defend. The defendant was defaulted, and prayed to be…
1Opinion of the Court
To this it was answered, and resolved by
the Court,
that this was not such an engagement as must necessarily be performed by the deceased in his lifetime, and could not be performed by executors or administrators.
This covenant may be performed by the administrator as well as by his principal, (a)
If two joint lessees covenant jointly and severally, and one of them die, such covenant will be binding on his executors, notwithstanding he should happen to die before the commencement of the term, and notwithstanding the whole interest in the lease must, as being joint, necessarily survive to his…
2Cases cited2 opinions
- Jordan v. DobbinsMassachusetts Supreme Judicial Court · 1877
- Royal Insurance Co. v. DaviesSupreme Court of Iowa · 1875
3Cited by2 opinions
- Coleman's AppealSupreme Court of Pennsylvania · 1874
- Grant v. HickcoxSupreme Court of Pennsylvania · 1870