Frith v. Sprague
Massachusetts Supreme Judicial Court
Assumpsit for money had and received, and for money paid, &c. There was also a special count, stating that Oakman Sprague, the defendant’s intestate, at Turk’s Island, on the-day of-1808, in consideration that the said Frith would become bound to the king, as surety for the said Oakman, in a bond in the penal sum of £100 sterling, with condition that the brig Mars, of which the said Oakman was then master, should not carry out of the government of that island any servant or…
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Assumpsit for money had and received, and for money paid, &c. There was also a special count, stating that Oakman Sprague, the defendant’s intestate, at Turk’s Island, on the-day of-1808, in consideration that the said Frith would become bound to the king, as surety for the said Oakman, in a bond in the penal sum of £100 sterling, with condition that the brig Mars, of which the said Oakman was then master, should not carry out of the government of that island any servant or slave, without leave of the master oi owner, or person having the charge of the same, first had and obtained in writing,…
1Per curiam
The replication is adjudged good. It is unnecessary to decide whether the evidence objected to at the trial of the issue in fact was rightfully admitted or not, although we see no other way of proving the existence of a foreign law but by oral testimony, (a)
But the verdict is right, even if there were no law authorizing *389the requisition of the bond in this case. For admitting that requisition to have been wholly arbitrary on the part of the government of the island, the surety who stepped in in aid of the principal has a right to indemnity, if he has been compelled to pay the penalty, without…
2Cited by7 opinions
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