McChristal v. Clisbee
Massachusetts Supreme Judicial Court
Contract against a surety upon a poor debtor’s recognizance, as stated in the opinion. Writ dated September 26, 1902. At the trial in the Superior Court before Fox, J. it appeared that there was a breach of the recognizance, that the execution on which the poor debtor was arrested issued on a judgment in an action brought by the plaintiff described in the second paragraph of the opinion, that on January 80, 1901, after the recovery of this judgment against him and before his…
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Contract against a surety upon a poor debtor’s recognizance, as stated in the opinion. Writ dated September 26, 1902. At the trial in the Superior Court before Fox, J. it appeared that there was a breach of the recognizance, that the execution on which the poor debtor was arrested issued on a judgment in an action brought by the plaintiff described in the second paragraph of the opinion, that on January 80, 1901, after the recovery of this judgment against him and before his arrest, the poor debtor was discharged in bankruptcy under the bankruptcy act of 1898, that the judgment debt was…
1Opinion of the Court
Knowlton, O. J.
This is an action against a surety upon a recognizance given by a debtor arrested on execution. The condition of the recognizance is to deliver himself up for examination before a magistrate, within thirty days of the arrest. There was a breach of the recognizance, and the only defence relied upon is, that the judgment upon which the execution was issued was rendered unenforceable by a discharge in bankruptcy granted to the debtor before the arrest.
The declaration in the action in which the judgment was rendered contained three counts, in the common form, one for an assault and…
2Cases cited3 opinions
- Tinker v. ColwellSupreme Court of the United States · 1904
- Colwell v. . TinkerNew York Court of Appeals · 1902
- Leicester v. HoadleySupreme Court of Kansas · 1903
3Cited by29 opinions
- Madden's CaseMassachusetts Supreme Judicial Court · 1916
- Foley v. Polaroid Corp.Massachusetts Supreme Judicial Court · 1980
- Peters v. United States ex rel. KelleyCourt of Appeals for the Seventh Circuit · 1910
- Cadillac Vending Co. v. Haynes (In Re Haynes)United States Bankruptcy Court, E.D. Michigan · 1982
- In re CoteSupreme Court of Vermont · 1918
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