§ 788. So, also, the recital of a bond will ordinarily limit the condition; for the condition must be connected with and restrained by the subject-matter of the recital.4 Thus, where one Jenkins was appointed a deputy-postinaster, for the term of six months, and a bond was given by the defendant, the condition of which was, that if "the said Jenkins should, for and during all the time that he should continue deputy-postmaster, faithfully execute and perform all the duties belonging to the said office, then this obligation to be void," and the breach assigned was subsequent to the six months; it was held, that the condition could only refer to the recital, by which the defendant was not to be responsible for Jenkins for a longer time than six months.5 So, also, where the condition of a bond case of Knight v. Cole, 1 Show. 155; but Lord Ellenborough affirmed it in Payler v. Homersham, 4 M. & S. 427; and said he "was sorry to find it had been denied as law, because it seemed to him as sound a case as could be stated." It is the settled law undoubtedly of England and of this country. Bac. Abr. Release, K.; Cole v. Knight, 3 Mod. 277; Abree's Case, Hetl. 15; Payler v. Homersham, 4 M. & S. 423; Lampon v. Corke, 5 B. & Al. 606; Lyman v. Clark, 9 Mass. 235; Munro v. Alaire, 2 Caines, 329; Wilkes v. Ferris, 5 Johns. 345.
1 Lyman v. Clarke, 9 Mass. 235. See also Worcester Bank v. Reed, 9 Mass. 267.
2 Thorpe v. Thorpe, 1 Ld. Raym. 235; Bac. Abr. Release, K.; Butcher v. Butcher, 1 Bos. & Pul. N. R. 113; Pierson v. Hooker, 3 Johns. 68.
3 3 Stark. Evid. 1044, 1272; Putnam v. Lewis, 8 Johns. 389; Johnson v. Weed, 9 Johns. 310; Ensign v. Webster, 1 Johns. Cas. 145; Stackpole v. Arnold, 11 Mass. 32; Walker v. McCulloch, 4 Greenl. 427.
4 Per Eyre, J., Gilb. Cas. 240.
5 Pearsall v. Summersett, 4 Taunt. 593. See also Lord Arlington v. Merricke, 2 Saund. 411, note by Serg. Williams; Stoughton v. Day, Style, recited that the defendant had agreed with the plaintiffs to collect their revenues, from time to time, for twelve months, and afterwards stipulated that "he would justly account and obey orders, etc, at all times thereafter, during the continuance of such his employment, and for so long as he should continue to be employed; "the condition was held to be limited to the period of twelve months mentioned in the recital.1
§ 789. So, also, the responsibility of the obligor and sureties on a bond will be restricted to breaches in respect to the particular obligees named. As, where a bond was given, conditioned "that one W. B. should, during the time that he should continue in the service of the plaintiff, as a broad clerk, keep just and true accounts of all moneys received," and the plaintiff afterwards entered into partnership with another, and the breach assigned was in respect to the partnership; it was held, that the obligor and sureties were not responsible; because the breach complained of was in respect to the partnership, and not to the plaintiff.2 But if the security be given to the firm or house, and not to particular persons composing it, a change of partners will make no difference in the responsibility of the obligor and sureties, so long as the 'house or firm is nominally the same;3 and this rule governs upon the ground that the giving a security to a house manifests an intention on the part of the guarantors to provide that the guaranty should continue, although the partners should change.4
18; s. c. Aleyn, 10; Bell v. Bruen, 1 How. 169; Weston v. Mason, 8 Burr. 1727; Liverpool Waterworks v. Atkinson, 6 East, 507; St. Saviour's v. Bostock, 2 Bos. & Pul. N. R. 175; Hassell v. Long, 2 M. & S. 363; Bigelow v. Bridge, 8 Mass. 275; U. S. v. Kirkpatrick, 9 Wheat. 720; Commonwealth v. Fairfax, 4 Hen. & Munf. 208; Commonwealth v. Bayn-ton, 4 Dal. 282; South Carolina Soc. v. Johnson, 1 M'Cord, 41; S. Car. Ins. Co. v. Smith, 2 Hill (S. C), 589.
1 Liverpool Waterworks v. Atkinson, 6 East, 510, and note; Moore v. Magrath, 1 Cowp. 9. See Worcester Bank v. Reed, 9 Mass. 267, and notes.
2 Wright v. Russell, 3 Wils. 530.
3 Bartlett v. Attorney-General, Parker, 277, 278; Miller v. Stewart, 9 Wheat. 681; Boston Hat Manufactory v. Messinger, 2 Pick. 223. See also Dedham Bank v. Chickering, 4 Pick. 314; Fell on Guaranties, ch. 5.
4 Barclay v. Lucas, 1 T. R. 291, note a; Metcalf v. Bruin, 12 East, 400; Miller v. Stewart, 9 Wheat. 681.
§ 790. Yet, if the condition be manifestly intended to extend to matters not set forth in the recital, it will not be limited thereby; for such an interpretation would set at naught the intentions of the parties. Thus, where the condition of a bond, after setting forth certain matters, contained a stipulation for indemnity against all claims arising in reference thereto, or "any other account thereafter to subsist" between the parties: it was held, that the liability of the obligor was not limited to the matters recited.1 So, also, the same rule applies to guaranties and letters of credit. Thus, where a letter of credit recited as follows: "Our mutual friend, W. H. Thorn, has informed me that he has a credit for two thousand pounds, given by you in his favor, etc.;" and then went on to say, "you may consider this, as well as any and every other credit you may open in his favor, as being under my guaranty;" it was held that the guaranty was general, and extended to all accounts in favor of the principal.2
§ 791. The terms of a contract are ordinarily to be interpreted according to their popular and usual meaning, rather than according to their exact definition. Yet, since this rule would often fail to give effect to the real intention of the parties, it is modified so as to meet those cases wherein technical words or phrases, to which custom or science has affixed a peculiar signification, have been employed by the parties in their secondary meaning.3 Thus, the terms of mercantile contracts are to be understood in the sense which they have acquired from mercantile usage; because, if there be any such usage, it affords a presumption that the parties had it in view when their contract was made. Thus, the terms "fur,"4 "freight,"5 "thousand,"6 "cotton in bales,"7 "roots,"8 "sea-letter,"9