Tapley v. Goodsell
Massachusetts Supreme Judicial Court
Contract against Penfield B. Goodsell and Andrew C. Mudge. Writ dated February 13, 1875. The declaration was as follows: “ And the plaintiff says the defendants executed to him a bond, a copy whereof is hereto annexed; that the plaintiff recovered final judgment for a large sum in the action named in said bond; that the obligors named in said bond did not pay to the plaintiff the amount which he recovered in said action, within thirty days after said judgment, and have not,…
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Contract against Penfield B. Goodsell and Andrew C. Mudge. Writ dated February 13, 1875. The declaration was as follows: “ And the plaintiff says the defendants executed to him a bond, a copy whereof is hereto annexed; that the plaintiff recovered final judgment for a large sum in the action named in said bond; that the obligors named in said bond did not pay to the plaintiff the amount which he recovered in said action, within thirty days after said judgment, and have not, nor has either of them, paid the same, or any part thereof.” Annexed to the declaration was a copy of a joint and…
1Opinion of the CourtGray, C. J.
The first objection made at the trial was that the action could not be maintained, because the declaration did not allege that the bond was executed by Lucretia W. Martin. But the bond being several as well as joint, it would be sufficient at common law, in an action against one obligor, to allege that it was executed by him. 1 Chit. Pl. (16th Am. ed.) 51. Our practice act was intended to simplify the forms of pleading, and has made no change in this respect. The objection is not to the sufficiency of the evidence to support an action; (as in the case of Tarbell v. Gray, 4 Gray, 444, cited by…
2Cases cited6 opinions
- Tapley v. MartinMassachusetts Supreme Judicial Court · 1874
- Cutter v. EvansMassachusetts Supreme Judicial Court · 1874
- Emery v. ParrottMassachusetts Supreme Judicial Court · 1871
- Huntress v. BurbankMassachusetts Supreme Judicial Court · 1872
- Tracy v. MaloneyMassachusetts Supreme Judicial Court · 1870
1 more not listed; retrieve them via the Exa API.
3Cited by39 opinions
- Borer v. ChapmanSupreme Court of the United States · 1887
- Pacific National Bank v. MixterSupreme Court of the United States · 1888
- Perkins v. PerkinsMassachusetts Supreme Judicial Court · 1917
- Boody v. WatsonSupreme Court of New Hampshire · 1886
- Alexander v. McPeckMassachusetts Supreme Judicial Court · 1905
34 more not listed; retrieve them via the Exa API.