Newcomb v. Ingram

The following opinion was filed April 11, 1933:

Fowler, J.

(on rehearing). A motion for rehearing was granted and reargument made upon two questions which will be particularly stated later. We will first dispose of some contentions made on the motions for rehearing upon which we did not consider reargument was necessary or would be helpful.

1. The surety on the second bond so confidently asserts that the case of Conant v. Newton, 126 Mass. 105, requires us to hold that it is entirely released because the order appointing the trustee was void and this voided the bond also, *106that we are moved to…