Ryder v. Ouellette
Massachusetts Supreme Judicial Court
Contract against the surety on' the recognizance of one Max L. Lizotte, a poor debtor. Writ in the Second District Court of Bristol dated May 3,1905; On appeal to the Superior Court the case was submitted to Holmes, J. upon an agreed statement of facts in substance as. follows: This was an action on a poor debtor’s recognizance entered into in the Second District Court of Bristol on the thirty-first day of March, 1905, by Max L. Lizotte as principal and the defendant as…
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Contract against the surety on' the recognizance of one Max L. Lizotte, a poor debtor. Writ in the Second District Court of Bristol dated May 3,1905; On appeal to the Superior Court the case was submitted to Holmes, J. upon an agreed statement of facts in substance as. follows: This was an action on a poor debtor’s recognizance entered into in the Second District Court of Bristol on the thirty-first day of March, 1905, by Max L. Lizotte as principal and the defendant as surety. The declaration was in the form prescribed by statute, and the answer admitted the giving of the recognizance but…
1Opinion of the CourtHammond, J.
This is an action against the surety on a poor debtor’s recognizance. There are two grounds of defence, first, that there was a surrender of the principal by the defendant, and second, that there has been no breach of the recognizance.
1. As to the surrender. It is provided in R L. c. 168, § 65, that a surety on a poor debtor’s recognizance may at any time surrender his principal and exonerate himself from further lia*27bility in the manner provided for the surrender of bail, “ and all the proceedings on such surrender shall be the same as provided in the case of bail.” The proceedings on the…
2Cases cited3 opinions
- Bliss v. KershawMassachusetts Supreme Judicial Court · 1901
- Hooper v. CoxMassachusetts Supreme Judicial Court · 1875
- Adams v. PierceMassachusetts Supreme Judicial Court · 1900
3Cited by5 opinions
- DiRuscio v. PopoliMassachusetts Supreme Judicial Court · 1929
- H. B. Smith Co. v. Judge of Third District CourtMassachusetts Supreme Judicial Court · 1923
- Henderson v. ParsonsMassachusetts Supreme Judicial Court · 1912
- Kalbritan v. IsidorMassachusetts Supreme Judicial Court · 1926
- Giantsi v. ChristopherMassachusetts Supreme Judicial Court · 1931