Barnes v. Chase
Massachusetts Supreme Judicial Court
Contract on a bond in the penal sum of $500, executed by Allen M. Norton, as principal, and the defendants as sureties, and conditioned that Norton, who had been accused by the plaintiff of being the father of a bastard child of which she was pregnant, should appear at the time and place named therein and answer to the complaint against him, and abide the order of the court thereon.
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Contract on a bond in the penal sum of $500, executed by Allen M. Norton, as principal, and the defendants as sureties, and conditioned that Norton, who had been accused by the plaintiff of being the father of a bastard child of which she was pregnant, should appear at the time and place named therein and answer to the complaint against him, and abide the order of the court thereon. At the trial in the Superior Court, before Gardner, J., without a jury, the defendants admitted a breach of the bond, and produced the record of the court on the original complaint, by which Norton was adjudged to…
1Opinion of the CourtEndicott, J.
The sureties on the bond could not be held liable for more than the penal sum named in the bond, but that sum was not the limit of the liability of the principal. He was bound to pay, according to the order of the court, “ one hundred dollars in gross forthwith, and two dollars a week afterwards, payable quarterly, till further order.” No other order appears to have been passed, and the bond stood as security for such payment. So long as Norton complied with the terms of the order, the sureties were not liable. When he failed to comply, there was a breach of the bond, and the plaintiff was…
2Cited by2 opinions
- Corson v. DunlapSupreme Judicial Court of Maine · 1890
- Fitzpatrick v. NordstromMassachusetts Supreme Judicial Court · 1900