Farr v. Rouillard
Massachusetts Supreme Judicial Court
Contract, in the name of the treasurer of the city of Holyoke, for the benefit of Mary Brady, upon a constable’s bond given by Fred S. Williams as principal, and by the defendant and two others as sureties, to enforce payment of a judgment recovered by Brady in an action against Williams for the conversion of certain goods.
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Contract, in the name of the treasurer of the city of Holyoke, for the benefit of Mary Brady, upon a constable’s bond given by Fred S. Williams as principal, and by the defendant and two others as sureties, to enforce payment of a judgment recovered by Brady in an action against Williams for the conversion of certain goods. Trial in the Superior Court, without a jury, before Maynard, J., who found for the plaintiff; and the defendant alleged exceptions, which appear in the opinion.
1Opinion of the CourtLathrop, J.
The principal question in this case is whether the action can be maintained upon the bond, as the obligee mentioned therein is “ the treasurer of the city of Holyoke,” instead of the city of Holyoke. The bond in question was accepted by the board of aldermen of Holyoke, and the form was approved by the city solicitor. By the Pub. Sts. c. 27, § 113, provision is made for a constable giving a bond “ to the inhabitants of the town,” and the section ends with the words, “ and no constable shall serve any process in a civil action until he gives such bond.” By c. 28, § 2, chapter 27 and all other…
2Cases cited5 opinions
- Drummond v. CraneMassachusetts Supreme Judicial Court · 1893
- Dennie v. WilliamsMassachusetts Supreme Judicial Court · 1883
- Mosher v. MurphyMassachusetts Supreme Judicial Court · 1876
- Holbrook v. KlenertMassachusetts Supreme Judicial Court · 1873
- Brooks v. WhitmoreMassachusetts Supreme Judicial Court · 1885
3Cited by15 opinions
- Title Guaranty & Surety Co. v. State ex rel. Leavenworth State BankIndiana Court of Appeals · 1915
- DeMontague v. BacharachMassachusetts Supreme Judicial Court · 1905
- McIntire v. LinehanMassachusetts Supreme Judicial Court · 1901
- Ogden v. RabinowitzSupreme Court of Rhode Island · 1957
- Smith v. MaineNew York Supreme Court · 1932
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