Crane v. Newell
Massachusetts Supreme Judicial Court
Debt against the principal and sureties in a bond given to the plaintiff as sheriff of this county, conditioned that Newell should faithfully perform the duties of a deputy sheriff under the plaintiff, and should save, keep harmless and m* demnify the plaintiff from all actions, suits, troubles, costs, charges, damages and expenses whatsoever, which he should sustain by reason of malfeasance, misfeasance or nonfeasance of Newell in his office of deputy sheriff.
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Debt against the principal and sureties in a bond given to the plaintiff as sheriff of this county, conditioned that Newell should faithfully perform the duties of a deputy sheriff under the plaintiff, and should save, keep harmless and m* demnify the plaintiff from all actions, suits, troubles, costs, charges, damages and expenses whatsoever, which he should sustain by reason of malfeasance, misfeasance or nonfeasance of Newell in his office of deputy sheriff. John Doggett and John Lemist, two of the sureties, pleaded that the plaintiff ought not to maintain his action against them and the…
1Opinion of the Court
Parker C. J.,
in giving the opinion of the Court, said in substance, that if the facts stated in the plea were a sufficient answer to the action, the Court would order a repleader ; but that the Court were satisfied that they did not constitute a defence. This is an action on the bond. There are no authorities to establish the ground of defence set up, though there are some analogous cases in New York inclining that way, particularly the case of Pain v. Packard, 13 Johns. R. 174, where a surety on a promissory note having requested the holder to proceed immediately against the principal, who…
2Cases cited5 opinions
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- Beardsley v. WarnerNew York Supreme Court · 1831
- Erie Bank v. GibsonSupreme Court of Pennsylvania · 1832
- Cope v. SmithSupreme Court of Pennsylvania · 1822
- Dehuff v. TurbettSupreme Court of Pennsylvania · 1801