Oliver v. Smith
Massachusetts Supreme Judicial Court
This was an action of debt, in which the plaintiff declares that he, on the second day of June, 1801, at the special instance of the defendant, and for his debt, as his surety, became bound with him, and one Francis J. Oliver, jointly and severally by bond to the United States, to pay them the sum of 2,680 dollars on or before the second day of June, then next, in consideration whereof, the defendant promised him that he would pay that sum by the time, and save him harmless…
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This was an action of debt, in which the plaintiff declares that he, on the second day of June, 1801, at the special instance of the defendant, and for his debt, as his surety, became bound with him, and one Francis J. Oliver, jointly and severally by bond to the United States, to pay them the sum of 2,680 dollars on or before the second day of June, then next, in consideration whereof, the defendant promised him that he would pay that sum by the time, and save him harmless from all damages and costs : that the defendant was duly requested to pay the money due to the United States, but…
1Opinion of the Court
*The opinion of the Court, except the Chief Jus- [ * 187 ] tice, who did not sit in the cause, was afterwards delivered by
Sedgwick, J.
[After a brief recital of the facts.] On these facts there are three questions presented to the consideration of the Court.
1. Did not the notice, which was given by Mr. Blake, the attorney of the district, on the 4th of September, 1802 (being previous to any of the custom-house bonds being paid, or having become due), did not this notice to Mr. Paine, as assignee of the defendant, and requesting payment of the bond, on which this action is brought, so attach…
2Cited by2 opinions
- Henderson v. BlissIndiana Supreme Court · 1856
- Wheeler v. ThomSuperior Court of New Hampshire · 1821