Moore v. Loring
Massachusetts Supreme Judicial Court
Two ACTIONS OE CONTSACT; the first against Augustus N. Loring and Alonzo W. Putney as sureties on a bond of Joseph L. Bruce, given to dissolve an attachment of goods and estate of Bruce in an action of this plaintiff against him; the second against Bruce as principal and Loring as surety m a recognizance taken under the Gen. Sts. c. 124, § 10. The writ in the first action was dated January 20, 1870 ; in the second action, March 21, 1870. On April 9, 1869, the plaintiff began…
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Two ACTIONS OE CONTSACT; the first against Augustus N. Loring and Alonzo W. Putney as sureties on a bond of Joseph L. Bruce, given to dissolve an attachment of goods and estate of Bruce in an action of this plaintiff against him; the second against Bruce as principal and Loring as surety m a recognizance taken under the Gen. Sts. c. 124, § 10. The writ in the first action was dated January 20, 1870 ; in the second action, March 21, 1870. On April 9, 1869, the plaintiff began an action of contract against Bruce by a writ returnable into the superior court for this county at July term 1869,…
1Opinion of the CourtAmes, J.
It is not contended on the part of the defendants, that either the condition of the bond, or that of the recognizance, *457has been hterally fulfilled. The principal debtor did not pay the amount of the judgment, according to the tenor of the bond, and he did not deliver himself up for examination according to the condition of the recognizance. But the defendants insist that the mode in which the plaintiff has endeavored to enforce payment of the judgment has had the effect to discharge them from their responsibility as sureties, both upon the bond and the recognizance.
The judgment debtor was…
2Cited by7 opinions
- Vanuxem v. BurrMassachusetts Supreme Judicial Court · 1890
- In re ColalucaDistrict Court, D. Massachusetts · 1904
- Watts v. StevensonMassachusetts Supreme Judicial Court · 1897
- Tracy v. PrebleMassachusetts Supreme Judicial Court · 1875
- Crawford-Plummer Co. v. McCarthyMassachusetts Supreme Judicial Court · 1917
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