Tapley v. Martin
Massachusetts Supreme Judicial Court
Contract on an agreement made by the defendant to indemnify the plaintiff for any loss or damage sustained by him as surety on the bond of James D. Martin, as cashier of the Hide and Leather National Bank, Boston. At the trial, before Wells, J., the jury returned a verdict for the plaintiff, and the defendant alleged exceptions. The nature of the case appears in the opinion.
1Opinion of the CourtMorton, J.
After the exceptions were allowed in this case the defendant died. At the time of her death she was a resident of Baltimore in the State of Maryland. It does not appear that she left any estate in this Commonwealth, and no administration has been taken out here. But the court has power, notwithstanding the death of the defendant, to render judgment on the verdict, as of a preceding day or term, if justice requires it. Gen. Sts. c, 115, § 14; c. 133, § 7. The decision in the case of Kelley v. Riley, 106 Mass. 339, and the reasons upon which that do*276cisión is based, apply to and govern the case…
2Cases cited6 opinions
- United States v. KirkpatrickSupreme Court of the United States · 1824
- MINOR v. the Mechanics Bank of AlexandriaSupreme Court of the United States · 1828
- Toombs v. StoneCourt of Appeals of Kentucky · 1859
- Kelley v. RileyMassachusetts Supreme Judicial Court · 1871
- Franklin Bank v. StevensSupreme Judicial Court of Maine · 1855
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3Cited by40 opinions
- B. & O. Railroad v. P. W. & Ky. RailroadWest Virginia Supreme Court · 1881
- Perkins v. PerkinsMassachusetts Supreme Judicial Court · 1917
- Watertown Fire Insurance v. SimmonsMassachusetts Supreme Judicial Court · 1881
- Tapley v. GoodsellMassachusetts Supreme Judicial Court · 1877
- Danforth v. DanforthIllinois Supreme Court · 1884
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