Legal Opinion

Massasoit-Pocasset National Bank v. Borden

Massachusetts Supreme Judicial Court

Decided December 11, 1917PublishedCited by 4 opinions

Contract for $1,000 against the principal and surety on a bond for $4,000 given under R. L. c. 197, § 28, to dissolve a mechanic’s lien on the interest of the principal defendant in a parcel of land on the corner of Broad Street and Main Street in Bridgewater. Writ in the Second District Court of Bristol dated October 25, 1915. On appeal to the Superior Court the case was heard by White, J., without a jury. The facts that appeared in evidence are stated in the opinion.

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Contract for $1,000 against the principal and surety on a bond for $4,000 given under R. L. c. 197, § 28, to dissolve a mechanic’s lien on the interest of the principal defendant in a parcel of land on the corner of Broad Street and Main Street in Bridgewater. Writ in the Second District Court of Bristol dated October 25, 1915. On appeal to the Superior Court the case was heard by White, J., without a jury. The facts that appeared in evidence are stated in the opinion. The plaintiff offered in evidence the warrant of sale in the proceedings to enforce the mechanic’s lien together with a…

1Opinion of the CourtPierce, J.

This is an action on a bond dated October 15, 1913, given to the plaintiff as assignee of Ralph T. C. Jackson, by the defendant as principal and the defendant Royal Indemnity Company as surety, in the amount- of $4,000.

The bond was given under R. L. c. 197, § 28, to dissolve a me*583chanic’s lien upon the interest of the defendants in the real estate described in the bond, upon which the assignor of the plaintiff had claimed a lien pursuant to the provisions of R. L. c. 197 and acts in amendment thereof. The execution of the bond was not denied. On October 22,1913, it was approved by the obligee,…

2Cases cited12 opinions

  1. Wiley v. ConnellyMassachusetts Supreme Judicial Court · 1901
  2. Farr v. RouillardMassachusetts Supreme Judicial Court · 1899
  3. Huntress v. BurbankMassachusetts Supreme Judicial Court · 1872
  4. Hall v. HallMassachusetts Supreme Judicial Court · 1908
  5. Pray v. WasdellMassachusetts Supreme Judicial Court · 1888

7 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Becker Transportation Co. v. Department of Public UtilitiesMassachusetts Supreme Judicial Court · 1943
  2. Gloeser v. Dollar Steamship Lines, Inc.Supreme Court of Minnesota · 1934
  3. American Agricultural Chemical Co. v. Aetna Casualty & Surety Co.Massachusetts Supreme Judicial Court · 1934
  4. Laplante v. MorelloMassachusetts District Court, Appellate Division · 1936

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