People ex rel. Dey v. Superior Court
New York Supreme Court
Motion for mandamus. An action was commenced in the superior court of the city of New-York, on a bond made by Solengen & Tryon to the relator, bearing date 30th April, j 836, in the penal sum of $30,000, conditioned to pay $15,000 on or before 1st May, 1841, with interest at 6 per cent., payable half yearly, on the first days of November and May in-each year.
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Motion for mandamus. An action was commenced in the superior court of the city of New-York, on a bond made by Solengen & Tryon to the relator, bearing date 30th April, j 836, in the penal sum of $30,000, conditioned to pay $15,000 on or before 1st May, 1841, with interest at 6 per cent., payable half yearly, on the first days of November and May in-each year. It was further agreed, that “ in case of default of payment of the interest at any one of the several days and times, in which the same is limited to become due and payable, then and in such case the whole of the said principle sum above…
1Opinion of the Court
By the Court,
Nelson, Ch. J.
A peremptory mandamus, it is urged, should issue on the grounds : 1. That the whole amount of the condition of the bond had become due; and 2. Even if the construction of the court below was correct, the plaintiff was entitled to judgment upon the penalty to secure the payment of the accruing instalments.
As to the first ground assumed in behalf of the relator: The condition of this bond must be construed agreeably to the rule applicable to every other contract, and that is, according to the intent of the parties, as derived from the language used in the instrument.…
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