Goldenberg v. Blake
Massachusetts Supreme Judicial Court
Contract, against Nathan F. Blake and John G. Daggett, upon a poor debtor’s recognizance, entered into on September 20, 1886, under the Pub. Sts. c. 162, § 28, by the first-named defendant as principal, and the other defendant as surety, and containing the usual conditions.
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Contract, against Nathan F. Blake and John G. Daggett, upon a poor debtor’s recognizance, entered into on September 20, 1886, under the Pub. Sts. c. 162, § 28, by the first-named defendant as principal, and the other defendant as surety, and containing the usual conditions. Trial in the Superior Court, before Bacon, J., who allowed a bill of exceptions, in substance as follows: It was admitted that the defendant Blake was duly arrested upon an execution in favor of the plaintiff, on September 20, 1886, and on the same day, before Edward J. Jones, a master in chancery, entered into the…
1Opinion of the CourtC. Allen, J.
It is conceded that the service of notice upon the plaintiff was not in conformity to the requirement of the statute; and the only question is whether the presiding judge ought to have submitted to the jury the question whether the plaintiff waived due service. Upon consideration of this question, as the case is presented upon the bill of exceptions, we do not find that the conduct and language of the plaintiff were such as necessarily to exclude the supposition contended for by the defendant. Clearly, an actual appearance by the plaintiff at the time and place appointed for the hearing,…
2Cases cited3 opinions
- West v. PlattMassachusetts Supreme Judicial Court · 1879
- Williams v. KimballMassachusetts Supreme Judicial Court · 1883
- Williams v. KimballMassachusetts Supreme Judicial Court · 1882
3Cited by2 opinions
- Sturman v. McCarthyMassachusetts Supreme Judicial Court · 1919
- Kalbritan v. PadoverMassachusetts Supreme Judicial Court · 1928