Campbell v. Brown
Massachusetts Supreme Judicial Court
Contract on a bond dated March 11, 1873, executed by the defendant Brown as principal, and the other defendants as sureties, and reciting that whereas the plaintiffs “ have caused the goods and estate of James Brown, Jr., and Daniel Murphy, to the value of one thousand dollars, to be attached on mesne process” in a certain action, “in which writ said Campbell & Brooks are plaintiffs, and the said Brown & Murphy are defendants.
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Contract on a bond dated March 11, 1873, executed by the defendant Brown as principal, and the other defendants as sureties, and reciting that whereas the plaintiffs “ have caused the goods and estate of James Brown, Jr., and Daniel Murphy, to the value of one thousand dollars, to be attached on mesne process” in a certain action, “in which writ said Campbell & Brooks are plaintiffs, and the said Brown & Murphy are defendants. And whereas the said defendant -wish to dissolve the said attachment according to law. Now, therefore, if the above bounden Brown shall pay to the plaintiff in said…
1Opinion of the CourtDevens, J.
The condition of the bond in suit recites an action brought by the plaintiffs against Brown and Murphy, in which their goods and estate are attached to the amount of one thousand dollars, and the wish of the defendant Brown “ to dissolve said attachment,” and binds him to pay to the plaintiff in said action the amount if any which he shall recover therein. By its proper construction, the bond rendered the obligors liable to pay any judgment which the plaintiffs might recover, whether against Brown or Murphy, or both. No circumstances were shown, indicating that it was intended to be binding…
2Cases cited3 opinions
- Leonard v. SpeidelMassachusetts Supreme Judicial Court · 1870
- Eveleth v. BurnhamMassachusetts Supreme Judicial Court · 1871
- Walker v. DresserMassachusetts Supreme Judicial Court · 1872
3Cited by15 opinions
- Mass. Building Finish Co. v. BrennerMassachusetts Supreme Judicial Court · 1934
- Rogers v. AbbotMassachusetts Supreme Judicial Court · 1910
- Jennings v. WallMassachusetts Supreme Judicial Court · 1914
- Poole v. DyerMassachusetts Supreme Judicial Court · 1877
- Central Mills Co. v. StewartMassachusetts Supreme Judicial Court · 1882
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