Day v. Stickney
Massachusetts Supreme Judicial Court
Contract upon a bond given by the defendants to the plaintiff in the penal sum of $25,000, dated March 27th 1854, the condition of which was that “ Whereas......Daniel Day has executed a bond with John A. Parks as principal, and Edward Bailey as surety, to Arnold Blaney, Esq., judge of the probate of wills and granting administration within the county of Lincoln in the state of Maine, of even date herewith, for the sum of twenty-five thousand dollars, which bond is upon the…
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Contract upon a bond given by the defendants to the plaintiff in the penal sum of $25,000, dated March 27th 1854, the condition of which was that “ Whereas......Daniel Day has executed a bond with John A. Parks as principal, and Edward Bailey as surety, to Arnold Blaney, Esq., judge of the probate of wills and granting administration within the county of Lincoln in the state of Maine, of even date herewith, for the sum of twenty-five thousand dollars, which bond is upon the condition that said John A. Parks shall faithfully perform all the requirements therein contained, as guardian of…
1Opinion of the CourtWells, J.
The witness Parks had procured this bond from Fawcett and others in Massachusetts to indemnify Day in becoming surety, in Maine, upon the probate bond of Parks, as guardian there of certain minors. At the trial Parks was an important witness for the plaintiff; the execution of the bond in suit being proved mainly by his testimony. To show that he was not a fair witness, but was hostile to the defendants, or under a strong bias of feeling or purpose adverse to them, which ought to affect the degree of credit to be given to his testimony, he was asked, in cross-examination, whether he had told…
2Cases cited4 opinions
- Atwood v. WeltonSupreme Court of Connecticut · 1828
- Tucker v. WelshMassachusetts Supreme Judicial Court · 1821
- Abbott v. DexterMassachusetts Supreme Judicial Court · 1850
- Butler v. ButlerU.S. Circuit Court for the District of Connecticut · 1808
3Cited by2 opinions
- Commonwealth v. GabbidonMassachusetts Appeals Court · 1984
- McDermott v. LankenauSupreme Court of Georgia · 1930