Wildes v. Wade

Decided November 15, 1851

Massachusetts Supreme Judicial Court · decided 1851-11-15

This was an action of debt on a bond, dated the 15th of December, 1847, executed by the defendants, Thomas Wade and John Wade, in the penal sum of four hundred dollars, and conditioned that the defendants should deliver up to the plaintiff, at the expiration of one year from said date, “ the drugs, medicines, fixtures, &c., in the store, occupied by the said Thomas Wade, in as good condition as at present, valued at ¡$>319.33, as per schedule of the same hereunto annexed, or…

Decided 1851-11-15

Metcalf, J.

¶1We see no error in the rulings or instructions in this case. The act of one of the obligors, in consenting to the disposition of the goods, must be taken as the act of *583both, or as binding on both, especially as it worked no injury to his co-obligor.

¶2The disposition of the goods, which was made by the obligee, with the consent of one of the obligors, was not a nrevention, by the obligee, of a performance of the condition of the bond, but must be regarded as payment, pro tanto, oi the sum which the bond was given to secure.

¶3Exceptions overruled.