Brazill v. Green
Massachusetts Supreme Judicial Court
Contract on a recognizance in the sum of $300 entered into by the defendant George W. Green as principal and the defendant John J. McCarthy as surety under R. L. c. 168, § 30. Writ in the Municipal Court of the City of Boston dated November 2, 1918. Upon removal to the Superior Court the action was tried before Morton, J. The plaintiff introduced evidence of a judgment in tort in his favor against the defendant Green, and the issuance of an execution thereon for $151.24,…
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Contract on a recognizance in the sum of $300 entered into by the defendant George W. Green as principal and the defendant John J. McCarthy as surety under R. L. c. 168, § 30. Writ in the Municipal Court of the City of Boston dated November 2, 1918. Upon removal to the Superior Court the action was tried before Morton, J. The plaintiff introduced evidence of a judgment in tort in his favor against the defendant Green, and the issuance of an execution thereon for $151.24, damages, and $42.42, costs of suit. Subject to exceptions by the defendants, he was allowed to introduce in evidence the…
1Opinion of the CourtJenney, J.
In this action on a recognizance entered into by George W. Green as principal and John J. McCarthy as surety, under it. L. c. 168, § 30, the defendants claim that the verdict ordered for the plaintiff ought not to stand. They base their objections thereto on the officer’s return on the execution hereinafter referred to, on the absence of evidence of any breach of the recognizance, and on the exclusion of evidence relating to the interest of the plaintiff in the proceedings in which the recognizance was given.
The exception to the admission of the execution, of the officer’s return thereon, and…
2Cases cited16 opinions
- Swan v. Justices of Superior CourtMassachusetts Supreme Judicial Court · 1916
- Damon v. CarrolMassachusetts Supreme Judicial Court · 1895
- Bolen v. . CrosbyNew York Court of Appeals · 1872
- Dunn v. SnellMassachusetts Supreme Judicial Court · 1819
- Rogers v. AbbotMassachusetts Supreme Judicial Court · 1910
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3Cited by5 opinions
- Quaranto v. SilvermanMassachusetts Supreme Judicial Court · 1963
- Piper v. ChildsMassachusetts Supreme Judicial Court · 1935
- Rogers v. MurchMassachusetts Supreme Judicial Court · 1925
- A.J. Properties, LLC v. Stanley Black and Decker, Inc.Massachusetts Supreme Judicial Court · 2014
- Brazill v. GreenMassachusetts Supreme Judicial Court · 1922