Mann v. Cook
Massachusetts Supreme Judicial Court
Contract, on a poor debtor recognizance, against the defendant Herbert W. Cook, hereinafter called the defendant, as principal and the defendant Barlow M. Cook as surety.
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Contract, on a poor debtor recognizance, against the defendant Herbert W. Cook, hereinafter called the defendant, as principal and the defendant Barlow M. Cook as surety. Writ in the Municipal Court of the City of Boston dated November 10,1905. On appeal to the Superior Court, there was a trial before Hardy, J. The plaintiff’s evidence established the following facts: The plaintiff brought an action in the Municipal Court of the City of Boston against one Field of Boston, two other parties described in the writ as of Salem, and the defendant Cook described in the writ as of Lynn in the county…
1Opinion of the CourtHammond, J.
We have not found it necessary to pass upon all the questions raised by the defence. The plaintiff finds himself face to face with a dilemma either horn of which is fatal to his case.
If, as is contended by the defendants, the arrest was illegal, then the recognizance is invalid (Atwood v. Wheeler, 149 Mass. 96), the invalidity was not waived by the application to take the oath for the relief of poor debtors (Smith v. Bean, 180 Mass. 298), and hence the plaintiff has no case.
If, as is contended by the plaintiff, the arrest was legal, then *443the recognizance was valid. When in accordance with…
2Cases cited2 opinions
- Atwood v. WheelerMassachusetts Supreme Judicial Court · 1889
- Stimson v. CrosbyMassachusetts Supreme Judicial Court · 1902
3Cited by2 opinions
- Commonwealth v. GormanMassachusetts Supreme Judicial Court · 1934
- Haskell v. CunninghamMassachusetts Supreme Judicial Court · 1915