Everett v. Henderson
Massachusetts Supreme Judicial Court
Contract on a poor debtor’s recognizance, entered into by the first-named defendant as principal, and by the other defendant as surety, and containing the usual conditions. At the trial in the Superior Court, before Mason, J., it appeared that the plaintiff duly recovered judgment against Henderson in the Municipal Court of the city of Boston, on May 29, 1884, and that execution duly issued on the judgment, but was returned in no part satisfied, and without service.
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Contract on a poor debtor’s recognizance, entered into by the first-named defendant as principal, and by the other defendant as surety, and containing the usual conditions. At the trial in the Superior Court, before Mason, J., it appeared that the plaintiff duly recovered judgment against Henderson in the Municipal Court of the city of Boston, on May 29, 1884, and that execution duly issued on the judgment, but was returned in no part satisfied, and without service. On September 3, 1884, an alias execution on the judgment duly issued, and on September 8, 1884, the plaintiff made an affidavit,…
1Opinion of the CourtKnowlton, J.
The defendants contend that the recognizance declared on cannot be enforced, because the proceedings in which it was taken were founded upon a wilfully false affidavit of the plaintiff. The act imputed to the plaintiff involves such moral turpitude, that we cannot permit him even temporarily to profit by it, unless upon principle as well as authority our duty is clear.
The wrong complained of, so far as it affects the question before us, was like an ordinary malicious prosecution of a groundless suit. The proceedings for the arrest of the defendant Henderson were in the nature of a new…
2Cases cited16 opinions
- Marks v. . TownsendNew York Court of Appeals · 1885
- Wood v. GravesMassachusetts Supreme Judicial Court · 1887
- Langford v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1887
- Bump v. BettsNew York Supreme Court · 1838
- Coupal v. WardMassachusetts Supreme Judicial Court · 1871
11 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Commonwealth v. EdwardsMassachusetts Supreme Judicial Court · 2005
- Commonwealth v. GormanMassachusetts Supreme Judicial Court · 1934
- Rosenblum v. GinisMassachusetts Supreme Judicial Court · 1937
- Jackson v. KnowltonMassachusetts Supreme Judicial Court · 1899
- Zinn v. RiceMassachusetts Supreme Judicial Court · 1891
13 more not listed; retrieve them via the Exa API.