Downer v. Squire
Massachusetts Supreme Judicial Court
Contract against the executors under the will of John P. Squire, late of Arlington, for alleged breach of the condition of a bond dated July 1, 1884, given by John P. Squire as principal and Frank O. Squire and Fred F. Squire as sureties. Writ dated December 20, 1900. The case came on to be heard before Hammond, J. upon an amended declaration, an amended answer- and certain documentary and oral evidence.
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Contract against the executors under the will of John P. Squire, late of Arlington, for alleged breach of the condition of a bond dated July 1, 1884, given by John P. Squire as principal and Frank O. Squire and Fred F. Squire as sureties. Writ dated December 20, 1900. The case came on to be heard before Hammond, J. upon an amended declaration, an amended answer- and certain documentary and oral evidence. The justice reserved the case for determination by the full court on the amended declaration, the amended answer and the evidence which was introduced so far as material. The bond sued upon…
1Opinion of the CourtHammond, J.
This is an action at law upon a bond given by John P. Squire, the defendants’ testator, who had been appointed trustee of a certain fund in which the plaintiffs, the obligees, were interested as beneficiaries. It was brought originally by John Herbert, who was appointed by the Probate Court as the successor of Squire as trustee, but the writ has been amended by substituting for Herbert the present plaintiffs.
The material condition of the bond is that “in the event of his ceasing-to hold said sum of forty thousand dollars as trustee, by reason of death or otherwise, said John P. Squire or his…
2Cases cited8 opinions
- Palmer v. PalmerMichigan Supreme Court · 1877
- Campbell v. WhoriskeyMassachusetts Supreme Judicial Court · 1898
- High v. Board of CommissionersIndiana Supreme Court · 1884
- Crocker v. DillonMassachusetts Supreme Judicial Court · 1882
- Shaw v. SillowayMassachusetts Supreme Judicial Court · 1888
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3Cited by10 opinions
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- First National Bank v. Truesdale HospitalMassachusetts Supreme Judicial Court · 1934
- Jones v. SwiftMassachusetts Supreme Judicial Court · 1938
- Pierce v. State National BankMassachusetts Supreme Judicial Court · 1913
- Whitney v. Cheshire RailroadMassachusetts Supreme Judicial Court · 1911
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