Hopwood v. Smith
Massachusetts Supreme Judicial Court
Contract, upon a poor debtor’s recognizance, entered into by one Boyd as principal, and by the defendant as surety. Trial in the Superior Court, without a jury, before Richardson, J., who assessed damages for the penal sum of the recognizance, and ordered execution to issue for the sum of one dollar. The plaintiff alleged exceptions. The facts appear in the opinion.
1Opinion of the CourtAllen, J.
The case is as follows. On March 20,1895, one Boyd was arrested on mesne process in favor of the plaintiff, returnable in the Municipal Court of Boston on March 30, and on the same day, being taken before a master in chancery, entered into a recognizance, with the defendant as surety, that on or before March 30 he would deliver himself up for examination. Boyd afterwards gave notice that he desired to take the oath that he did not intend to leave the State, and a partial hearing was had thereon, when he made a default; after which, on March 26, he filed his petition in insolvency, the first…
2Cases cited4 opinions
- Leonard v. WhitneyMassachusetts Supreme Judicial Court · 1872
- Slocum v. RileyMassachusetts Supreme Judicial Court · 1887
- Wright v. DawsonMassachusetts Supreme Judicial Court · 1888
- Demelman v. HuntMassachusetts Supreme Judicial Court · 1897
3Cited by6 opinions
- DiRuscio v. PopoliMassachusetts Supreme Judicial Court · 1929
- Nelson v. SandersonMassachusetts Supreme Judicial Court · 1934
- American Stable Co. v. ClarkeMassachusetts Supreme Judicial Court · 1915
- Parkman v. BartlettMassachusetts Supreme Judicial Court · 1899
- Auto Owners Finance Co. v. FoleyMassachusetts District Court, Appellate Division · 1940
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