Nonna v. Conlan

• Court: New Jersey Supreme Court
• Writing for the Court: GARRETSON, J.
• Citation: Sister Mary Nonna v. Conlan, 52 A. 210, 68 N.J.L. 88 (N.J. 1902)
• Decision Date: 09 June 1902
• Parties: SISTER MARY NONNA, SUPERIORESS OF THE SCHOOL SISTERS OF NOTRE DAME AND THE INSTITUTE OF THE HOLY ANGELS, v. PATRICK H. AND J. CONLAN, AND THE AMERICAN SURETY COMPANY OF NEW YORK

52 A. 210

68 N.J.L. 88

SISTER MARY NONNA

v. CONLAN et al.

Supreme Court of New Jersey.

June 9, 1902.

(Syllabus by the Court.)

Action by Sister Mary Nonna, superioress of the School Sisters of Notre Dame and the Institute of the Holy Angels, against Patrick Conlan and others. Demurrer overruled.

Argued February term, 1902, before GUM-MERE, C. J., and VAN SYCKEL, GARRISON, and GARRETSON, JJ.

Vredenburgh, Wall & Van Winkle, for plaintiff.

Frank Bergen, for defendants.

GARRETSON, J. This was a suit on a bond given by the defendants to the plaintiff for the faithful performance of a contract entered into, as therein stated, "by P. & H. Conlan, of the first part," and "Sister Mary Nonna, superioress of the School Sisters of Notre Dame, and at present head of the Institute of the Holy Angels, through their agent, John Dunphy." The suit is upon the bond and in the name of the obligees on the band. The declaration is demurred to on the ground that the Institute of the Holy Angels is not a party to the contract. It is, however, a party to the bond, and the suit on the bond must be brought in the name of those to whom the bond is given, and this has been done. In Woodbridge v. Hall, 47 N. J. Law, 388, 1 Atl....