Graves v. Apt
Massachusetts Supreme Judicial Court
Contract against the surety on a bond given to secure the release from arrest on mesne process of Allan W. Allcutt in an 'action of tort in the Superior Court brought against him by the plaintiffs for the conversion of a carload of apples, in which action the plaintiffs recovered judgment in the sum of $1,029.02 and costs, for which execution issued and was returned unsatisfied.
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Contract against the surety on a bond given to secure the release from arrest on mesne process of Allan W. Allcutt in an 'action of tort in the Superior Court brought against him by the plaintiffs for the conversion of a carload of apples, in which action the plaintiffs recovered judgment in the sum of $1,029.02 and costs, for which execution issued and was returned unsatisfied. Writ dated August 9, 1917. In the Superior Court the present action was tried before Jenney, J. The bond sued upon was signed by Allan W. Allcutt as principal and Helen M. Apt as surety. It was dated November 9, 1915.…
1Opinion of the CourtDe Courcy, J.
One Allan W. Allcutt was arrested on mesne process in an action of tort brought by the present plaintiffs. He secured his release by giving a bond, on which this defendant was a surety. Judgment was recovered against Allcutt in the sum of $1,029.02, but the execution issued thereon was returned “unsatisfied;” the officer’s return showing that he was unable to find Allcutt or any property belonging to him. This action is brought against the surety on the bond to recover the amount of said judgment.
Admittedly the bond is not a good statutory bond, as it does not comply with the requirements of…
2Cases cited3 opinions
- Strong v. Carver Cotton Gin Co.Massachusetts Supreme Judicial Court · 1907
- Warner v. BrownMassachusetts Supreme Judicial Court · 1918
- Bell v. PierceMassachusetts Supreme Judicial Court · 1888
3Cited by5 opinions
- Clark v. General Cleaning Co. Inc.Massachusetts Supreme Judicial Court · 1962
- Great Barrington Savings Bank v. DayMassachusetts Supreme Judicial Court · 1934
- O'Hare v. GloagMassachusetts Supreme Judicial Court · 1923
- McCann v. Jarka Corp.Massachusetts District Court, Appellate Division · 1939
- Wilson v. CostelloMassachusetts District Court, Appellate Division · 1938