Russia Cement Co. v. Le Page Co.
Massachusetts Supreme Judicial Court
Two actions op contract, upon two bonds executed by the first named defendant as principal and by the other defendants as sureties. After the former decision, reported 167 Mass. 222, the cases were tried together in this court, before Morton, J., who ordered judgment to be entered for the defendants in each case; and, at the plaintiff’s request, reported the cases for the consideration of the full court. The facts appear in the opinion.
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Two actions op contract, upon two bonds executed by the first named defendant as principal and by the other defendants as sureties. After the former decision, reported 167 Mass. 222, the cases were tried together in this court, before Morton, J., who ordered judgment to be entered for the defendants in each case; and, at the plaintiff’s request, reported the cases for the consideration of the full court. The facts appear in the opinion. The cases were argued at the bar in December, 1898, and after-wards were submitted on briefs to all the justices.
1Opinion of the CourtBarker, J.
When these eases were first here we overruled the plaintiff’s demurrers to the answers, placing that decision upon two grounds, first, that the judgment of February 13,1892, was the final judgment intended by the bonds in suit; and, secondly, that the supersedeas bond approved on the same date was a substitute for whatever security the plaintiff had when that bond was given. Russia Cement Co. v. Le Page Co. 167 Mass. 222. Since that decision the eases have been heard upon the merits by Mr. Justice Morton, who reports them to the full court with the statement that he ordered judgments for the…
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