Richards v. Storer
Massachusetts Supreme Judicial Court
Contract against the defendant as a surety upon a bond given to the plaintiffs to dissolve an attachment made by them upon the property of William S. Gibbs and John H. Gibbs, copartners.
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Contract against the defendant as a surety upon a bond given to the plaintiffs to dissolve an attachment made by them upon the property of William S. Gibbs and John H. Gibbs, copartners. The material portion of the bond was as follows: “ Know all men by these presents, that we, William S. Gibbs for himself and in behalf of John H. Gibbs as principal,” and the sureties (naming them), are holden and stand firmly bound to the plaintiffs in the sum of $100. “ The condition of this obligation is such, that whereas the said Richards & Co. have caused the goods and estate of said William S. Gibbs et…
1Opinion of the CourtAmes, J.
It would be impossible to sustain these exceptions without overruling the decision in the recent case of Tucker v. White, 5 Allen, 322. In that case as in this, the plaintiff in the original action, of his own motion, and without notice to the surety, discontinued against one of two defendants, and upon summoning in a new joint defendant, took judgment against him and the remaining original defendant. The bond declared on is conditioned for the payment of the judgment which the plaintiffs should recover in the original action. The judgment actually rendered was against a new party, and is…
2Cases cited1 opinion
- Leonard v. SpeidelMassachusetts Supreme Judicial Court · 1870
3Cited by7 opinions
- Mass. Building Finish Co. v. BrennerMassachusetts Supreme Judicial Court · 1934
- Driscoll v. HoltMassachusetts Supreme Judicial Court · 1898
- Poole v. DyerMassachusetts Supreme Judicial Court · 1877
- Mathews Slate Co. v. SweeneyMassachusetts Supreme Judicial Court · 1914
- Sharpe v. W. J. Morgan & Co.Illinois Supreme Court · 1893
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