Valentine v. Wheeler
Massachusetts Supreme Judicial Court
Contract upon a joint and several bond in the sum. of $40,000 alleged to have been executed by John P. Wheeler, as principal and the defendant and Edward H. Valentine, as sureties, the condition of which was that John P. Wheeler should pay all demands, acceptances, or indorsements and obligations for which Charles H. Valentine is in anywise responsible for or on account of the firm of John P. Wheeler & Co., and hold and save said Valentine harmless and free from loss or…
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Contract upon a joint and several bond in the sum. of $40,000 alleged to have been executed by John P. Wheeler, as principal and the defendant and Edward H. Valentine, as sureties, the condition of which was that John P. Wheeler should pay all demands, acceptances, or indorsements and obligations for which Charles H. Valentine is in anywise responsible for or on account of the firm of John P. Wheeler & Co., and hold and save said Valentine harmless and free from loss or inconvenience on account of any debt, claim, demand or liability of the firm of said John P. Wheeler & Co. Answer: A general…
1Opinion of the CourtDevens, J.
The facts which it was necessary for the plaintiff to prove in order that he might recover were established by competent, and, in the absence of contradiction thereof, sufficient evidence.
1. Assuming that it became necessary, inasmuch as the defendant executed the bond as surety for the plaintiff, to show also that there was an execution thereof by the principal, yet, when the signature of the defendant was proved by his own admission of its authenticity, the fact that there was a signature above his own, apparently that of the principal, and in the appropriate place for such signature, upon…
2Cited by7 opinions
- Tapley v. GoodsellMassachusetts Supreme Judicial Court · 1877
- Eaton v. N.Y. Life Ins. Co. of N.Y.Supreme Court of Pennsylvania · 1933
- Butrick v. TiltonMassachusetts Supreme Judicial Court · 1886
- Jones v. New York Life InsuranceMassachusetts Supreme Judicial Court · 1897
- Bishop v. BurkeMassachusetts Supreme Judicial Court · 1910
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