Legal Opinion
Preston v. Newcomb
Michigan Supreme Court
Decided September 20, 1907No. Docket No. 114PublishedCited by 2 opinions
Error to Ionia; Davis, J. Assumpsit by Thad B. Preston against Cassius C. Newcomb and Herbert B. Webber for the amount of certain bonds. There was judgment for plaintiff, and defendants bring error.
1Opinion of the CourtBlair, J.
This is an action on two bonds given March 10, 1904, under section 733, 1 Comp. Laws, by the defendant Newcomb, as principal, and defendant Webber, as surety, to procure the release of a horse which had been seized upon two separate writs of attachment issued out of justice’s court. One of the attachment suits was begun by the plaintiff, Preston, against Joseph T. Webber, the other by the Michigan Clothing Company against the same defendant, both of which suits proceeded to judgment. The condition in each bond was that—
“If in a suit to be brought on this obligation within three months from…
2Cases cited2 opinions
- Abendroth v. Van DolsenSupreme Court of the United States · 1889
- Benedict v. SmithMichigan Supreme Court · 1882
3Cited by2 opinions
- Georgia Securities Co. v. ArnoldCourt of Appeals of Georgia · 1937
- Bramble v. KelloggMichigan Supreme Court · 1923