Lord v. Bigelow
Massachusetts Supreme Judicial Court
Contract, against George B. Bigelow and Samuel Bigelow, on a bond dated December 29,1870, executed by the first named defendant as principal and the other defendant as surety. Writ dated August 25, 1873. George B. Bigelow was afterwards adjudged a bankrupt, and received his discharge, and the action was discontinued as to him.
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Contract, against George B. Bigelow and Samuel Bigelow, on a bond dated December 29,1870, executed by the first named defendant as principal and the other defendant as surety. Writ dated August 25, 1873. George B. Bigelow was afterwards adjudged a bankrupt, and received his discharge, and the action was discontinued as to him. At the trial in this court, before Soule, J., without a jury, it appeared that Lord had obtained a judgment and execution against the Marginal Freight Railway Company, and had levied the execution on the franchise of the corporation; that George B. Bigelow, who had…
1Opinion of the CourtAmes, J.
It has been found, as a matter of fact, that the promissory notes given to the plaintiff were not received by him as a satisfaction of the judgment. The judgment was to be released, if those notes should be paid at maturity; and, as they have not been paid, the judgment, primá facie, remains in force. *189It was a case, therefore, not of collateral security, but of candi tional payment. If the notes remained in his hands or under his control at their maturity, he would have the same right upon their non-payment to return them, as he would if, instead of the notes, he had taken a check which there…
2Cases cited3 opinions
- Brown v. JewettMassachusetts Supreme Judicial Court · 1876
- Small v. Franklin Mining Co.Massachusetts Supreme Judicial Court · 1868
- Bogle v. ChaseMassachusetts Supreme Judicial Court · 1875
3Cited by9 opinions
- Ahern v. TowleMassachusetts Supreme Judicial Court · 1942
- Miller v. HydeMassachusetts Supreme Judicial Court · 1894
- Vanuxem v. BurrMassachusetts Supreme Judicial Court · 1890
- Roanoke Grocery & Milling Co. v. WatkinsWest Virginia Supreme Court · 1896
- Boston & Maine Railroad v. SargentSupreme Court of New Hampshire · 1900
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