Thomson v. Way
Massachusetts Supreme Judicial Court
Contract, against the surety on a poor debtor’s recognizance. Trial in the Superior Court, without a jury, before (xasltill, J., who found for the defendant; and the plaintiff alleged exceptions, which appear in the opinion.
1Opinion of the CourtHolmes, J.
This is an action upon a recognizance, given, we infer, under Pub. Sts. c. 162, § 28, upon the arrest of the principal on execution. The defence relied on at the trial was an agreement by the plaintiff to continue the matter from Saturday to Saturday, if the defendant would pay the execution by specified instalments. The judge found for the defendant, and found as facts that the agreement was made and kept by the defendant, and that the defendant offered the plaintiff the instalment which was due before the plaintiff had the principal in the recognizance defaulted, but that the plaintiff…
2Cases cited1 opinion
- Mount Washington Glass Works v. AllenMassachusetts Supreme Judicial Court · 1876
3Cited by2 opinions
- Briskin v. Packard Motor Car Co. of New YorkMassachusetts Supreme Judicial Court · 1929
- Speirs Fish Co. v. RobbinsMassachusetts Supreme Judicial Court · 1902