McIntire v. Linehan
Massachusetts Supreme Judicial Court
Contract upon an alleged probate bond signed by Linus M. Child as principal and the defendants Charles Linehan and H. Burr Crandall as sureties.
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Contract upon an alleged probate bond signed by Linus M. Child as principal and the defendants Charles Linehan and H. Burr Crandall as sureties. Writ dated April 18, 1900. At the trial in the Superior Court, before Graskill, J., it appeared that the order of the judge of the Probate Court authorizing the suit to be brought in his name was as follows: “On. the petition of George A. Blaney of Newton in the County of Middlesex, and others, as trustee and beneficiaries under the will of Sarah Baxter, late of said Newton, deceased, praying that they may be authorized to bring an action upon a…
1Opinion of the CourtMorton, J.
This is an action against the sureties upon a bond given by the late Linus M. Child, Esq., as trustee under the will of one Sarah Baxter to the plaintiff.
The defences are, 1st, that the bond did not take effect as a probate bond for want of the written approval thereon of the judge of probate as required by Pub. Sts. c. 143, § 2; 2d, that it is not binding as a common law bond because it was intended as a probate bond and because it was not accepted by the obligee; 3fi, that the beneficiaries named in it are D. Baxter Merriam and Miriam S. Shattuck and it is effective only to the extent to…
2Cases cited4 opinions
- Choate v. ArringtonMassachusetts Supreme Judicial Court · 1875
- Farr v. RouillardMassachusetts Supreme Judicial Court · 1899
- Fuller v. CushmanMassachusetts Supreme Judicial Court · 1898
- Soper v. President & Fellows of Harvard CollegeMassachusetts Supreme Judicial Court · 1822
3Cited by13 opinions
- Title Guaranty & Surety Co. v. State ex rel. Leavenworth State BankIndiana Court of Appeals · 1915
- Inhabitants of Hudson v. MilesMassachusetts Supreme Judicial Court · 1904
- Hellier v. LoringMassachusetts Supreme Judicial Court · 1922
- Brillion Lumber Co. v. BarnardWisconsin Supreme Court · 1907
- Waterous Engine Works Co. v. Village of ClintonSupreme Court of Minnesota · 1910
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