Goding v. Roscenthal
Massachusetts Supreme Judicial Court
Contract to recover for the amount paid by the plaintiff on account of his liability as surety on the defendant’s bond, dated March 29, 1898, to dissolve an attachment in another suit brought by one Sarah Aug. Writ dated October 26, 1900. The defence relied upon was that the plaintiff’s claim was barred by the defendant’s discharge in bankruptcy.
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Contract to recover for the amount paid by the plaintiff on account of his liability as surety on the defendant’s bond, dated March 29, 1898, to dissolve an attachment in another suit brought by one Sarah Aug. Writ dated October 26, 1900. The defence relied upon was that the plaintiff’s claim was barred by the defendant’s discharge in bankruptcy. At the trial in the Superior Court, before Bell, J., it appeared by undisputed evidence that the plaintiff signed as surety for the defendant as alleged, and that on June 12,1900, he paid $200 to Aug in discharge of his liability on the bond and in…
1Opinion of the CourtBarker, J.
By the execution of the bond of March 29,1898, to Aug, in which the present plaintiff was a surety for the present defendant, the latter incurred an obligation to the present plaintiff to reimburse him any amount which he might be compelled as surety to pay upon the bond. This obligation was in force when on February 13, 1900, the present defendant’s petition in bankruptcy was filed. It was an obligation founded upon an implied contract, and it was evidenced by an instrument in writing, and in one sense it was a fixed liability. But •no debt was absolutely owing at the time of the,petition.…
2Cases cited1 opinion
- Morgan v. WordellMassachusetts Supreme Judicial Court · 1901
3Cited by6 opinions
- People v. . Metropolitan Surety Co.New York Court of Appeals · 1912
- In re Pettingill & Co.District Court, D. Massachusetts · 1905
- Cotting v. Hooper, Lewis & Co.Massachusetts Supreme Judicial Court · 1915
- Commissioner of Insurance v. Massachusetts Accident Co.Massachusetts Supreme Judicial Court · 1942
- Commissioner of Insurance v. Massachusetts Accident Co.Massachusetts Supreme Judicial Court · 1943
1 more not listed; retrieve them via the Exa API.