§ 9-6-11 — § 9-6-11. Substantial performance as defense to action on bond.

Rhode Island § 9-6-11

• Jurisdiction: Rhode Island
• Title 9: COURTS and CIVIL PROCEDURE–PROCEDURE GENERALLY
• Ch. 9-6: Pleadings

Text

§ 9-6-11. Substantial performance as defense to action on bond.

Whenever any action shall be brought upon any bond which has a condition of defeasance to make void the bond upon the payment of a less sum at a day or place certain, if the obligor, his or her heirs, executors, or administrators have, before the action brought, paid to the obligee, his or her heirs, executors, or administrators the principal and interest due by the defeasance or condition of the bond, although the payment was not made strictly according to the condition or defeasance, yet it may, nevertheless, be pleaded in defense of the action, and shall be as effectual a bar thereof as if the money had been paid at the day and place, according to the condition or defeasance, and had been so pleaded.

Legislative History

C.P.A. 1905, § 289; G.L. 1909, ch. 288, § 5; G.L. 1923, ch. 338, § 5; G.L. 1938, ch. 520, § 5; G.L. 1956, § 9-6-11; P.L. 1965, ch. 55, § 16.