Legal Opinion

Cochrane v. Cushing

Massachusetts Supreme Judicial Court

Decided March 10, 1878PublishedCited by 4 opinions

Contract, against the executrix of Henry W. Cushing, on the following bond, executed by the obligors : “ Know all men by these presents, that we, Charles W. Cochrane, of Chelsea, in the county of Suffolk and Commonwealth of Massachusetts, as principal, and Henry W. Cushing, of Boston, in the county of Suffolk, aforesaid, as surety, are holden and stand firmly bound and obliged unto Alice C. Cochrane, of said Chelsea, widow, in the full and just sum of f1000, to be paid unto…

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Contract, against the executrix of Henry W. Cushing, on the following bond, executed by the obligors : “ Know all men by these presents, that we, Charles W. Cochrane, of Chelsea, in the county of Suffolk and Commonwealth of Massachusetts, as principal, and Henry W. Cushing, of Boston, in the county of Suffolk, aforesaid, as surety, are holden and stand firmly bound and obliged unto Alice C. Cochrane, of said Chelsea, widow, in the full and just sum of f1000, to be paid unto the said Alice C. Cochrane and her legal representatives : to which payment well and truly to be made we bind ourselves,…

1Opinion of the Court

By the Court.

The executrix of the deceased obligor could only be sued separately. She could not have been sued jointly with the surviving obligor. New Haven & Northampton Co. v. Hayden, 119 Mass. 361. The discharge in bankruptcy of the principal did not release the surety. U. S. Rev. Sts. § 5118.

Exceptions overruled.

2Cases cited1 opinion

  1. New Haven & Northampton Co. v. HaydenMassachusetts Supreme Judicial Court · 1876

3Cited by4 opinions

  1. Fuller v. WilburMassachusetts Supreme Judicial Court · 1898
  2. McClintic-Marshall Co. v. City of New BedfordMassachusetts Supreme Judicial Court · 1921
  3. Failor v. WeheSupreme Court of Kansas · 1916
  4. Wolfboro Loan & Banking Co. v. RollinsMassachusetts Supreme Judicial Court · 1907

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