Legal Opinion

Cook v. Merrifield

Massachusetts Supreme Judicial Court

Decided March 25, 1885PublishedCited by 5 opinions

Contract on a bond in the sum of $300, executed by the first-named defendant as principal, and by the other as surety, the condition of which was, that whereas the plaintiff, as a constable, by virtue of a certain execution, writ, or process, issued in favor of the first-named defendant against Jerry T. Morrill, had levied on certain personal property shown to the plaintiff by said defendant, as the property of said Morrill, said defendant, his heirs, executors, or…

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Contract on a bond in the sum of $300, executed by the first-named defendant as principal, and by the other as surety, the condition of which was, that whereas the plaintiff, as a constable, by virtue of a certain execution, writ, or process, issued in favor of the first-named defendant against Jerry T. Morrill, had levied on certain personal property shown to the plaintiff by said defendant, as the property of said Morrill, said defendant, his heirs, executors, or administrators, should “ well and truly indemnify and save harmless the said Charles P. Cook, his heirs, executors, and…

1Opinion of the CourtHolmes, J.

The language of the bond in suit was before this court in White v. French, 15 Gray, 339, and it was so strongly intimated that the condition was broken when a judgment was recovered, that, in view of the nicety of the distinctions which have been taken in the cases, and the desirableness of certainty in the construction of forms in common use, we shall follow what is there laid down, without considering the matter anew. The amount for which execution should issue is not open at this stage of the case. Exceptions overruled.

2Cited by5 opinions

  1. Bekkeland v. LyonsTexas Supreme Court · 1903
  2. Lindsey v. CouchSupreme Court of Oklahoma · 1908
  3. Briggs v. McDonaldMassachusetts Supreme Judicial Court · 1896
  4. Russell v. WalkerMassachusetts Supreme Judicial Court · 1890
  5. Dolan v. MucciMassachusetts Supreme Judicial Court · 1936

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