Morton v. Shaw
Massachusetts Supreme Judicial Court
Contract against Brackley Shaw and Walter S. Keene, the sureties on a bond to dissolve an attachment given in the case of Morton v. Clark, reported in 181 Mass. 134 and 184 Mass. 555. Writ in the Supreme Judicial Court dated March 9, 1904. The defendant Keene suggested to the court his discharge in bankruptcy and moved that the action be discontinued as against him.
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Contract against Brackley Shaw and Walter S. Keene, the sureties on a bond to dissolve an attachment given in the case of Morton v. Clark, reported in 181 Mass. 134 and 184 Mass. 555. Writ in the Supreme Judicial Court dated March 9, 1904. The defendant Keene suggested to the court his discharge in bankruptcy and moved that the action be discontinued as against him. By agreement of the plaintiff this motion was allowed by Hammond, J. The case was presented to the full court under JR. L. c. 156, § 6, upon a case stated, the substance of which appears in the opinion.
1Opinion of the CourtKnowlton, C. J.
This is an action on a bond to dissolve an attachment. The condition of the bond is that “ the defendants shall pay to the plaintiff in said action the amount, if any, which he shall recover therein,” etc. Judgment has been recovered, and the sureties set up, as their only defence, that they have been discharged from liability by an amendment of the declaration in the original action.
The law applicable to their contention has been fully considered and settled in recent cases. Driscoll v. Holt, 170 Mass. 262. Doran v. Cohen, 147 Mass. 342. Townsend National Bank v. Jones, 151 Mass. 454. Norris…
2Cases cited7 opinions
- Doran v. CohenMassachusetts Supreme Judicial Court · 1888
- Driscoll v. HoltMassachusetts Supreme Judicial Court · 1898
- Norris v. AndersonMassachusetts Supreme Judicial Court · 1902
- Townsend National Bank v. JonesMassachusetts Supreme Judicial Court · 1890
- Prince v. ClarkMassachusetts Supreme Judicial Court · 1879
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