Cady v. Eggleston
Massachusetts Supreme Judicial Court
This was an action of debt, in which the plaintiff declared upon a bond as lost by time and accident, setting forth substantially the whole bond, with the condition, and averring a breach. The defendants pleaded, first, that they did not make any such writing; secondly, that the writing mentioned was not their deed, on both which pleas issue was joined ; and, thirdly, that the writing mentioned in the declaration was not lost by time and accident.
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This was an action of debt, in which the plaintiff declared upon a bond as lost by time and accident, setting forth substantially the whole bond, with the condition, and averring a breach. The defendants pleaded, first, that they did not make any such writing; secondly, that the writing mentioned was not their deed, on both which pleas issue was joined ; and, thirdly, that the writing mentioned in the declaration was not lost by time and accident. To which the plaintiff replied that it was so lost, and issue was joined thereon. These several issues were tried, at the last May term in this…
1Opinion of the Court
The opinion of the Court was delivered by
Parker, C. J.
This is an action of debt on bond; and the plaintiff has set forth in his declaration the bond and the condition, averring that the bond was lost by time and accident, (a) By the condition it appears that the bond was what is commonly called a replevin bond, having been given to secure the return of certain chattels, which had been attached as the property of one Joseph Goodwin, in a suit against him. A suit in replevin was instituted by the present defendant Eggleston, in which the chattels, attached as aforesaid, were taken and delivered…
2Cases cited6 opinions
- Morse v. HodsdonMassachusetts Supreme Judicial Court · 1809
- Taunton & South Boston Turnpike Corp. v. WhitingMassachusetts Supreme Judicial Court · 1813
- Moors v. ParkerMassachusetts Supreme Judicial Court · 1807
- Clap v. GuildMassachusetts Supreme Judicial Court · 1811
- Arnold v. AllenMassachusetts Supreme Judicial Court · 1811
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Leeper, Graves & Co. v. First Nat. Bank of HobartSupreme Court of Oklahoma · 1910
- Moors v. ParkerMassachusetts Supreme Judicial Court · 1807
- Hicklin v. Nebraska City National BankNebraska Supreme Court · 1879
- Metropolitan Life Insurance v. BenderNew York Court of Appeals · 1891
- Magerstadt ex rel. T. A. Shaw & Co. v. FieldAppellate Court of Illinois · 1911
5 more not listed; retrieve them via the Exa API.