Hussey v. Danforth
Supreme Judicial Court of Maine
On report. Debt against the principal and his sureties on a poor debtor’s six months bond. The material facts are sufficiently stated in the opinion. contended that there was not a complete surrender of the debtor in the manner contemplated by the statute — such a surrender as would give the creditor the right to a disclosure from him.
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On report. Debt against the principal and his sureties on a poor debtor’s six months bond. The material facts are sufficiently stated in the opinion. contended that there was not a complete surrender of the debtor in the manner contemplated by the statute — such a surrender as would give the creditor the right to a disclosure from him. The debtor went to the jailer with no copy of the execution or bond and induced the jailer to lock him up ; then he showed the jailer his discharge in insolvency, and said: "You must look up the law for me, and if I am not released from that bond by my…
1Opinion of the CourtFoster, J.
The defendant, Danforth, was arrested September 18, 1882, on execution; the next day, September 19, filed his petition in insolvency; and two days later, on the twenty-first of September, gave the bond in suit to procure his release from arrest. He obtained his discharge from the court of insolvency, March 14, 1883.
The regularity of the proceedings in the court in which judgment was rendered and execution issued, as well as of those in the court of insolvency, and that the bond is a regular statute bond duly executed, is admitted.
The defense sets up, (1) that the debt, represented by the…
2Cases cited3 opinions
- Conner v. LongSupreme Court of the United States · 1881
- Stockwell v. SillowayMassachusetts Supreme Judicial Court · 1868
- In re WalkerDistrict Court, D. Massachusetts · 1868
3Cited by1 opinion
- Berticelli v. HuardSupreme Judicial Court of Maine · 1951