Hewes v. Cooper
Massachusetts Supreme Judicial Court
Contract against James Cooper, George K. Babcock, Edward M. Chase, and Samuel F. Ricker, the principals and sureties on a bond alleged to have been signed and sealed by them, as follows: “ Know all men by these presents, that we, Edward M. Chase and Samuel F. Ricker, both of Boston, in the county of Suffolk, and Commonwealth of Massachusetts, as principals, and James Cooper and George K. Babcock, as sureties, are holden and stand firmly bound and obliged unto Cyrus E. Hewes,…
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Contract against James Cooper, George K. Babcock, Edward M. Chase, and Samuel F. Ricker, the principals and sureties on a bond alleged to have been signed and sealed by them, as follows: “ Know all men by these presents, that we, Edward M. Chase and Samuel F. Ricker, both of Boston, in the county of Suffolk, and Commonwealth of Massachusetts, as principals, and James Cooper and George K. Babcock, as sureties, are holden and stand firmly bound and obliged unto Cyrus E. Hewes, in the full and just sum of one hundred dollars to be paid unto the said Cyrus E. Hewes, his executors, administrators,…
1Opinion of the CourtAmes, J.
The insertion of the creditor’s name in the condition of the bond, in the place intended for that of the original debtor, thereby requiring literally that the creditor should pay to himself the amount of a judgment which he should recover against the other party in the suit, was a manifest clerical error, which will not vitiate the bond or defeat the intention of the .parties, provided that intent can be distinctly ascertained from the entire instrument. The erroneous name may be stricken out. Leonard v. Speidel, 104 Mass. 356.
An imperfect recital of the preliminary facts, which is correct *44as…
2Cases cited1 opinion
- Leonard v. SpeidelMassachusetts Supreme Judicial Court · 1870
3Cited by5 opinions
- Mass. Building Finish Co. v. BrennerMassachusetts Supreme Judicial Court · 1934
- Wheeler & Wilson Manufacturing Co. v. BurlinghamMassachusetts Supreme Judicial Court · 1884
- Werlin v. Equitable Surety Co.Massachusetts Supreme Judicial Court · 1917
- Howes v. MaxwellMassachusetts Supreme Judicial Court · 1892
- J. J. Tyrrell Co. v. AllenMassachusetts Supreme Judicial Court · 1935