Haskell v. Cunningham
Massachusetts Supreme Judicial Court
Three actions of contract, each against the principal and a surety, for an alleged breach of the recognizance of a poor debtor. Writs dated in the first case on March 20, 1913, and in the second and third cases on April 10, 1913. In the Superior Court the cases were tried together before Fox, J., without a jury. The evidence and the course of the trial are described in the opinion.
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Three actions of contract, each against the principal and a surety, for an alleged breach of the recognizance of a poor debtor. Writs dated in the first case on March 20, 1913, and in the second and third cases on April 10, 1913. In the Superior Court the cases were tried together before Fox, J., without a jury. The evidence and the course of the trial are described in the opinion. At the close of the evidence the plaintiffs asked the judge to make the following rulings: “1. On the evidence and the law the plaintiff is entitled to recover. “2. If the defendant Cunningham after arrest entered…
1Opinion of the CourtCarroll, J.
These three cases were heard together by a judge of the Superior Court without a jury.
The debtors were arrested under R. L. c. 168, upon certificates and executions issuing from courts in Essex County other than the Police Court of Lawrence, before which court each of the debtors was taken and there entered into a recognizance under R. L. c. 168, § 30, and later made application to that court to take the oath for the relief of poor debtors.
The record of the poor debtor proceedings in the Police Court of Lawrence was in evidence and showed “the creditor by its attorney requested the debtor to…
2Cases cited8 opinions
- Norris v. DoniphanCourt of Appeals of Kentucky · 1863
- Doon v. FeltonMassachusetts Supreme Judicial Court · 1909
- Bent v. StoneMassachusetts Supreme Judicial Court · 1903
- Warburton v. GourseMassachusetts Supreme Judicial Court · 1906
- Tufts v. HancoxMassachusetts Supreme Judicial Court · 1898
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3Cited by10 opinions
- Commonwealth v. SheppardMassachusetts Supreme Judicial Court · 1943
- Gallo v. FoleyMassachusetts Supreme Judicial Court · 1937
- Alden Bros. v. DunnMassachusetts Supreme Judicial Court · 1928
- Commonwealth v. BeaulieuMassachusetts Supreme Judicial Court · 1956
- Bryer v. American Surety Co. of New YorkMassachusetts Supreme Judicial Court · 1934
5 more not listed; retrieve them via the Exa API.