Fairbanks v. Lambert
Massachusetts Supreme Judicial Court
Contract for money paid. The case was submitted to the Superior Court, and, after judgment for the defendant, to this court on appeal, upon agreed facts, the material parts of which appear in the opinion.
1Opinion of the CourtField, J.
There are not enough facts stated to enable us to determine whether this plaintiff, as surety on the bond, had a defence against the obligee from the fact that the bond was not signed by both the principal obligors, as from the form apparently was intended. Neither do we find it necessary to determine whether the defendant, having procured the signature of the plaintiff as surety, and having beneficially used the bond for the purpose for which it was given, could set up any such defence against the surety. The bond was given to dissolve an .attachment, and was on condition that it should…
2Cases cited1 opinion
- Fisher v. TifftMassachusetts Supreme Judicial Court · 1879
3Cited by3 opinions
- McDermott v. HallMassachusetts Supreme Judicial Court · 1900
- Hussey v. CrawfordMassachusetts Supreme Judicial Court · 1891
- James v. CorbeilMassachusetts District Court, Appellate Division · 1945