Chertok v. Morang
Massachusetts Supreme Judicial Court
Contract against two sureties on a bond given to dissolve a mechanic’s lien. Writ dated January 7, 1916. In the Superior Court the case was tried before Aiken, C. J., without a jury. The bond was dated April 23, 1915. Its execution by the defendants and its approval on April 23, 1916, by a master in chancery were admitted at the trial.
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Contract against two sureties on a bond given to dissolve a mechanic’s lien. Writ dated January 7, 1916. In the Superior Court the case was tried before Aiken, C. J., without a jury. The bond was dated April 23, 1915. Its execution by the defendants and its approval on April 23, 1916, by a master in chancery were admitted at the trial. It appeared by an indorsement upon the bond that it was received and entered for record at the registry of deeds for Norfolk County on December 15, 1915. Other material facts which could have been found upon the evidence are stated in the opinion. The defendant…
1Opinion of the CourtBraley, J.
The defendants, while saving exceptions to the refusal to give their thirteen requests, have argued only the question of the validity of the bond under R. L. c. 197, § 28, or as an instrument at common law. The bill of exceptions is meagre, but the trial judge was warranted in finding, that a petition to establish a mechanic’s lien was brought on February 25, 1915, in the Municipal Court of Brookline, and that on April 27, 1915, the petitioner’s lien was established and an order of sale was to issue; that on April 27, 1915, a bond to dissolve the lien was filed by the *601respondent, the debtor,…
2Cases cited7 opinions
- Tompkins v. WheelerSupreme Court of the United States · 1842
- Sawyer v. CookMassachusetts Supreme Judicial Court · 1905
- Graham v. MiddlebyMassachusetts Supreme Judicial Court · 1904
- Brooks v. TwitchellMassachusetts Supreme Judicial Court · 1903
- Powers Regulator Co. v. TaylorMassachusetts Supreme Judicial Court · 1916
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3Cited by3 opinions
- Willett v. HerrickMassachusetts Supreme Judicial Court · 1927
- Kaplan v. SuherMassachusetts Supreme Judicial Court · 1926
- Goldstein v. TuckerMassachusetts Supreme Judicial Court · 1918