City National Bank v. Williams
Massachusetts Supreme Judicial Court
Contract on a recognizance entered into under the Gen. Sts. c. 124, § 10, on July 8, 1875, by the defendant Williams as principal, and the other defendant as surety, and conditioned that Williams, who had been arrested on an execution in favor of the plaintiff, should, within thirty days from the time of his arrest, deliver himself up for examination before some magistrate authorized to act, giving notice of the time and place thereof in the manner provided by law, and…
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Contract on a recognizance entered into under the Gen. Sts. c. 124, § 10, on July 8, 1875, by the defendant Williams as principal, and the other defendant as surety, and conditioned that Williams, who had been arrested on an execution in favor of the plaintiff, should, within thirty days from the time of his arrest, deliver himself up for examination before some magistrate authorized to act, giving notice of the time and place thereof in the manner provided by law, and appear at the time fixed for his examination, and from time to time until the same was concluded, and not depart without…
1Opinion of the CourtLord, J.
The fallacy of the plaintiff’s position is in the assumption that the recognizance of the defendants- is an engage*535ment that the debtor shall be examined within thirty days of the day of his arrest, having previously given due notice of his intention to submit himself to examination. But this is not the contract. The contract is that “ he will deliver himself up for examination before some magistrate authorized to act, giving notice of the time and place thereof as herein provided.” Gen. Sts. c. 124, § 10. There is nothing in the statute to indicate that these acts may not be contemporaneous.…
2Cited by4 opinions
- DiRuscio v. PopoliMassachusetts Supreme Judicial Court · 1929
- Howard v. RoachMassachusetts Supreme Judicial Court · 1917
- Barnes v. LaddMassachusetts Supreme Judicial Court · 1881
- Buckley v. MitchellMassachusetts Supreme Judicial Court · 1896