Bent v. Stone
Massachusetts Supreme Judicial Court
Contract against a surety on the recognizance of one John Berry, a poor debtor, taken by the first special justice of the First District Court of Eastern Worcester. Writ dated March 18, 1898. In the Superior Court the case was tried before Lawton, J., without a jury. The recognizance was in the sum of $400. The plaintiff had obtained judgment against Berry for an amount in excess of this sum.
Read the full summary
Contract against a surety on the recognizance of one John Berry, a poor debtor, taken by the first special justice of the First District Court of Eastern Worcester. Writ dated March 18, 1898. In the Superior Court the case was tried before Lawton, J., without a jury. The recognizance was in the sum of $400. The plaintiff had obtained judgment against Berry for an amount in excess of this sum. The judge ruled that the plaintiff could not recover, refused all the rulings requested by the plaintiff and found for the defendant. The plaintiff excepted, and the judge reported the case for…
1Opinion of the CourtMorton, J.
This is an action upon a poor debtor’s recognizance. The breach relied on is that the debtor “ did not appear and submit himself to examination according to the terms of said recognizance.” The case was tried by a judge of the Superior Court without a jury. The answer set up amongst other things that the signature of the defendant to the recognizance was obtained by fraud and deception practised on him by the debtor, that the true nature of the recognizance was concealed from him, and that its obligation was not explained *94to him; all of which, it is alleged, was fraudulently known to and…
2Cases cited8 opinions
- Fitzgerald v. LewisMassachusetts Supreme Judicial Court · 1895
- Commonwealth v. CarneyMassachusetts Supreme Judicial Court · 1891
- Dewey v. PeelerMassachusetts Supreme Judicial Court · 1894
- Commonwealth v. FayMassachusetts Supreme Judicial Court · 1890
- May v. HammondMassachusetts Supreme Judicial Court · 1888
3 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Malaguti v. RosenMassachusetts Supreme Judicial Court · 1928
- Bryer v. American Surety Co. of New YorkMassachusetts Supreme Judicial Court · 1934
- Haskell v. CunninghamMassachusetts Supreme Judicial Court · 1915
- Toy v. GreenMassachusetts Supreme Judicial Court · 1946
- Warburton v. GourseMassachusetts Supreme Judicial Court · 1906
2 more not listed; retrieve them via the Exa API.