Parkman v. Bartlett
Massachusetts Supreme Judicial Court
Contract, upon a poor debtor’s recognizance, entered into by the first named defendant as principal, and by John GL Cooper, the other defendant, as surety. The case was submitted to the Superior Court, and, after judgment for the plaintiffs, to this court, on appeal by the defendant surety, upon agreed facts, the material parts of which appear in the opinion.
1Opinion of the CourtHolmes, J.
This is an action upon a recognizance, given on December 2, 1897, by an arrested debtor, to appear within thirty days for examination. The debtor made default. Judgment in the original suit was rendered against him on February 7, 1898, and execution issued on March 7, 1898. On April 11, the debtor began proceedings in insolvency in which he afterwards got a discharge. The ground of the arrest was that the debtor intended to leave the State. But from the time of his arrest until after his discharge, in November, 1898, he remained in Boston, where the original suit was brought, and this fact is…
2Cases cited1 opinion
- Hopwood v. SmithMassachusetts Supreme Judicial Court · 1898
3Cited by1 opinion
- American Stable Co. v. ClarkeMassachusetts Supreme Judicial Court · 1915