Cutter v. Evans
Massachusetts Supreme Judicial Court
Contract by Marshall N. Cutter and Benjamin F. Parker upon a joint and several bond to dissolve an attachment conditioned to pay a judgment within thirty days.
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Contract by Marshall N. Cutter and Benjamin F. Parker upon a joint and several bond to dissolve an attachment conditioned to pay a judgment within thirty days. The case was heard in the Superior Court upon the following agreed statement of facts: “ The writ was dated March 12,1873. The defendant, Evans, was a surety upon the bond, and George C. Angelí was principal, and the date of the bond was June 13, 1870. The original action, in which the attachment was made and the bond given, was brought in the Superior Court, for goods sold and delivered. Judgment, was recovered against Angelí in that…
1Opinion of the CourtGray, C. J.
The defendant, in the original action, might have pleaded in bar his bankruptcy and the proof of the plaintiffs’ claim against his estate; or might, at any time after the commencement of proceedings in bankruptcy, have applied to the court in which the action was pending for a stay of proceedings. U. S„ St. 1867, c. 176, § 21. Bennett v. Goldthwait, 109 Mass. 494. Bradford v. Rice, 102 Mass. 472. But not having done either, the judgment rendered against him was lawful and valid, and in the absence of fraud or collusion (of which the case affords no evidence) was conclusive both against him…
2Cases cited3 opinions
- Bradford v. RiceMassachusetts Supreme Judicial Court · 1869
- Tracy v. MaloneyMassachusetts Supreme Judicial Court · 1870
- Bennett v. GoldthwaitMassachusetts Supreme Judicial Court · 1872
3Cited by31 opinions
- Tapley v. GoodsellMassachusetts Supreme Judicial Court · 1877
- Alexander v. McPeckMassachusetts Supreme Judicial Court · 1905
- Ray v. WightMassachusetts Supreme Judicial Court · 1876
- Dalton-Ingersoll Co. v. FiskeMassachusetts Supreme Judicial Court · 1899
- White v. WeatherbeeMassachusetts Supreme Judicial Court · 1879
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