Mosher v. Murphy
Massachusetts Supreme Judicial Court
Contract on the following bond executed by John Doherty, as principal, and by Dennis Garvey and the defendant, as sureties : “ Know all men by these presents, that we, John Doherty, of Fall River, in the county of Bristol, and Commonwealth of Massachusetts, as principal, and Dennis Garvey and Timothy C. Murphy, of said Fall River, as sureties, are holden and stand firmly bound and obliged unto Augustus Mosher of Fall River, in the county of Bristol, and Commonwealth…
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Contract on the following bond executed by John Doherty, as principal, and by Dennis Garvey and the defendant, as sureties : “ Know all men by these presents, that we, John Doherty, of Fall River, in the county of Bristol, and Commonwealth of Massachusetts, as principal, and Dennis Garvey and Timothy C. Murphy, of said Fall River, as sureties, are holden and stand firmly bound and obliged unto Augustus Mosher of Fall River, in the county of Bristol, and Commonwealth aforesaid, in the full and just sum of six hundred dollars, to be paid unto said Mosher, his executors, administrators or…
1Opinion of the CourtColt, J.
The St. of 1875, c. 68, § 2, declares that no bond shall be given to dissolve an attachment, which does not contain a condition obliging the sureties to pay the special judgment, which by the first section is provided for, in order to meet a case of bankruptcy on the part of the defendant. Under the former statute it had been decided that the lien created by an attachment, made more than four months before proceedings in bankruptcy, was dissolved by the defendants giving bond as then required, and that the provision of the bankrupt act which preserves liens and attachments could have no…
2Cases cited5 opinions
- Carpenter v. TurrellMassachusetts Supreme Judicial Court · 1868
- Braley v. BoomerMassachusetts Supreme Judicial Court · 1875
- Holbrook v. KlenertMassachusetts Supreme Judicial Court · 1873
- Fickett v. DurhamMassachusetts Supreme Judicial Court · 1875
- Leavitt v. LyonsMassachusetts Supreme Judicial Court · 1875
3Cited by10 opinions
- Hanscom v. Malden & Melrose Gas Light Co.Massachusetts Supreme Judicial Court · 1914
- Castaline v. SwardlickMassachusetts Supreme Judicial Court · 1928
- Farr v. RouillardMassachusetts Supreme Judicial Court · 1899
- Central Mills Co. v. StewartMassachusetts Supreme Judicial Court · 1882
- Arlington Trust Co. v. Le VineMassachusetts Supreme Judicial Court · 1935
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