Prince v. Clark
Massachusetts Supreme Judicial Court
Contract against the sureties on a bond given to dissolve an attachment. Writ dated September 8, 1877. The case was submitted to the Superior Court, and, after judgment for the defendants, to this court on appeal, on an agreed statement of facts in substance as follows: By writ dated December 20, 1875, and served the same day, S. H. Barrett, the principal in said bond, sued the plaintiff Prince for a merchandise account of $507.30. By writ of the same date, issued…
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Contract against the sureties on a bond given to dissolve an attachment. Writ dated September 8, 1877. The case was submitted to the Superior Court, and, after judgment for the defendants, to this court on appeal, on an agreed statement of facts in substance as follows: By writ dated December 20, 1875, and served the same day, S. H. Barrett, the principal in said bond, sued the plaintiff Prince for a merchandise account of $507.30. By writ of the same date, issued subsequently, and served the same day, the plaintiff sued Barrett in an action of contract, and attached Barrett’s goods, to…
1Opinion of the CourtAmes, J.
In the original declaration, the debt alleged to be due to the plaintiff was described as the balance of an- account, *601amounting to the sum of $431.86. The sureties upon the hand given for the dissolution of the attachment must have understood that they made themselves responsible, in no possible event, for more than the amount of that balance, with interest and costs. The effect of the amendment has been to change the plaintiff’s claim from a claim for the balance of the account to one for the entire account, thereby more than doubling the amount which he claims of the sureties, or which they…
2Cases cited1 opinion
- Freeman v. CreechMassachusetts Supreme Judicial Court · 1873
3Cited by11 opinions
- Petri v. MannyWashington Supreme Court · 1918
- Mathews Slate Co. v. SweeneyMassachusetts Supreme Judicial Court · 1914
- Turner v. Fidelity & Deposit Co.California Supreme Court · 1921
- Morton v. ShawMassachusetts Supreme Judicial Court · 1906
- Penny v. PennyNew Jersey Court of Chancery · 1917
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