Goodyear Dental Vulcanite Co. v. Bacon
Massachusetts Supreme Judicial Court
Contract against the defendant, as surety on a written instrument alleged to be a bond. After the former decision, reported 148 Mass. 542, the case was tried in the Superior Court, without a jury, before Barker, J., who found for the defendant, and allowed exceptions, which appear in the opinion.
1Opinion of the CourtDevens, J.
The instrument in suit purports to be the bond of Caduc as principal, and of the defendant and others as sureties, in different sums respectively, for the faithful performance by Caduc of his duties as treasurer of the plaintiff company. It was held at a former hearing, that a demurrer to the declaration thereon, based upon the reason that it did not appear thereby that the principal had ever signed the bond upon which it was sought to hold the defendant as surety, could not be sustained. Goodyear Dental Vulcanite Go. v. Bacon, 148 Mass. 542. “If the defendant,” it was said, “knowing that…
2Cases cited5 opinions
- Bean v. ParkerMassachusetts Supreme Judicial Court · 1822
- Russell v. AnnableMassachusetts Supreme Judicial Court · 1871
- White v. DugganMassachusetts Supreme Judicial Court · 1885
- Wild Cat Branch v. BallIndiana Supreme Court · 1873
- Goodyear Dental Vulcanite Co. v. BaconMassachusetts Supreme Judicial Court · 1889
3Cited by17 opinions
- Empire State Surety Co. v. Carroll CountyCourt of Appeals for the Eighth Circuit · 1912
- Fauci v. MulreadyMassachusetts Supreme Judicial Court · 1958
- State v. HillNebraska Supreme Court · 1896
- Naylor v. SteneSupreme Court of Minnesota · 1905
- Guaranty Trust Co. of New York v. KoehlerCourt of Appeals for the Eighth Circuit · 1912
12 more not listed; retrieve them via the Exa API.