Mason v. Waite
Massachusetts Supreme Judicial Court
This was an action on the case. In the first and second counts, Waite was charged with spending and using his property, while in prison on an execution in favor of the plaintiff, and the other defendants with aiding him in spending, using and secreting it, contrary to the St. 1788, c. 16, § 3, by which they had become answerable to the plaintiff in double the value of the property thus secreted, &c. The third count was for a fraud at common law.
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This was an action on the case. In the first and second counts, Waite was charged with spending and using his property, while in prison on an execution in favor of the plaintiff, and the other defendants with aiding him in spending, using and secreting it, contrary to the St. 1788, c. 16, § 3, by which they had become answerable to the plaintiff in double the value of the property thus secreted, &c. The third count was for a fraud at common law. It alleged a conspiracy of all the defendants to enable Waite to transfer and conceal his property, in order to defeat the plaintiff of his judgment…
1Opinion of the Court
Putnam J.
delivered the opinion of the Court. As the third count was filed after the entry of the action, and without any leave from the Court of Common Pleas, the question is, if it ought to have been received. We are all of opinion that it ought not to have been allowed.
The causes indicated in the original counts are clearly different from that set forth in the third. When the defendants were ■ arrested, their bail might know that Waite had no money, goods or effects to spend while he was in jail. The bail might, therefore, be very willing to become responsible to the extent of such a claim.…
2Cases cited3 opinions
- Meagher v. BachelderMassachusetts Supreme Judicial Court · 1810
- Galloway v. PitmanMassachusetts Supreme Judicial Court · 1807
- Brown v. StearnsMassachusetts Supreme Judicial Court · 1816