Wildes v. Wade

Massachusetts Supreme Judicial Court

Wildes v. Wade

8 Mass. 579

CourtMassachusetts Supreme Judicial Court

DecidedNovember 15, 1851

StatusPublished

This text of 8 Mass. 579 (Wildes v. Wade) is published on Counsel Stack Legal Research, covering Massachusetts Supreme Judicial Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Wildes v. Wade, 8 Mass. 579 (Mass. 1851).

Pincite

Opinion

Metcalf, J.

We 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 [583]*583both, or as binding on both, especially as it worked no injury to his co-obligor.

The 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.

Exceptions overruled.

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Metcalf, J.

We 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 [583]*583both, or as binding on both, especially as it worked no injury to his co-obligor.

The 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.

Exceptions overruled.

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Bluebook (online)

8 Mass. 579, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wildes-v-wade-mass-1851.