Maguire v. Pan-American Amusement Co.
Massachusetts Supreme Judicial Court
Contract by a deputy sheriff on a replevin bond. Writ dated May 4, 1906. In the Superior Court the case first was tried before Brown, J., who at the close of the evidence ordered a verdict for the plaintiff in the penal sum of the bond, which was $10,000, and that damages be assessed in the sum of $6,461.50. Both the plaintiff and the defendants alleged exceptions.
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Contract by a deputy sheriff on a replevin bond. Writ dated May 4, 1906. In the Superior Court the case first was tried before Brown, J., who at the close of the evidence ordered a verdict for the plaintiff in the penal sum of the bond, which was $10,000, and that damages be assessed in the sum of $6,461.50. Both the plaintiff and the defendants alleged exceptions. The exceptions of the plaintiff were overruled and those of the defendants were sustained in a decision of this court reported in 205 Mass. 64. There was a new trial before King, J., at which, among other facts, appeared the…
1Opinion of the CourtBraley, J.
The defendants were not liable for the penal sum, unless a breach of the replevin bond declared on was proved; and when the plaintiff had introduced evidence, that at the trial of the action he recovered judgment for damages and for a return of the property, and that the execution which issued thereon had been returned in no part satisfied, the jury, without further testimony, would have been warranted in finding that the damages had not been satisfied or the property given up, and consequently the condition had been broken. Parker v. Simonds, 8 Met. 205. Wright v. Quirk, 105 Mass. 44. Capen…
2Cases cited16 opinions
- National Bank of Commerce v. City of New BedfordMassachusetts Supreme Judicial Court · 1900
- Jennings v. RooneyMassachusetts Supreme Judicial Court · 1903
- Green v. Boston & Lowell RailroadMassachusetts Supreme Judicial Court · 1880
- East Tennessee Land Co. v. LeesonMassachusetts Supreme Judicial Court · 1903
- Stevens v. TuiteMassachusetts Supreme Judicial Court · 1870
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3Cited by7 opinions
- Conners Bros. v. SullivanMassachusetts Supreme Judicial Court · 1915
- E. Kronman, Inc. v. Bunn Bros.Massachusetts Supreme Judicial Court · 1929
- Walker v. E. William & Merrill C. Nutting, Inc..Massachusetts Supreme Judicial Court · 1939
- Strimling v. Union Indemnity Co.Supreme Court of Minnesota · 1928
- Vincent, Albin & Strahl v. HinesSupreme Court of Iowa · 1924
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