Pacific Mutual Insurance v. Canterbury
Massachusetts Supreme Judicial Court
Two actions of contract on a recognizance under the Gen. Sts. c. 124, § 10, entered into by Richard W. Sears, as principal, and by Charles Canterbury, and afterwards in lieu of him by Thomas Smith, as surety.
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Two actions of contract on a recognizance under the Gen. Sts. c. 124, § 10, entered into by Richard W. Sears, as principal, and by Charles Canterbury, and afterwards in lieu of him by Thomas Smith, as surety. The cases were submitted together to the judgment of the superior court, and, on appeal, of this court, upon facts agreed substantially as follows: Sears having been taken on execution upon a judgment in favor of the plaintiffs, and having entered into the recogni zanee with Canterbury as surety, subsequently notified the plaintiffs in writing of his desire to take on April 1 the oath…
1Opinion of the CourtAmes, J.
By the terms of the Gen. Sts. c. 124, § 11, “a person taken on execution, and recognizing for his appearance to take the oath for the relief of poor debtors, may, if surrendered by his surety, recognize anew,” &c. And by § 17 the magistrate may accept his recognizance pending the examination, and at any time after the debtor is carried before him. The only question, therefore, with regard to the defendant Canterbury would seem to be this, Was the debtor surrendered by his surety ? It does not appear that any officer holding the precept by virtue of which the arrest was made was present to…
2Cited by5 opinions
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