Cassidy v. Hart
Massachusetts Supreme Judicial Court
Contract against the surety in a recognizance entered into March 25, 1869, under the Gen. Sts. c. 124, § 10, by a debtor arrested on execution, that he would deliver himself up for examination. Trial in the superior court, before Rockwell, J., and. verdict for the plaintiff. The defendant alleged exceptions, the substance of which is stated in the opinion.
1Opinion of the CourtMorton, J.
The only objection, urged by the defendant to the validity of the recognizance in this case, is, that the condition requires the debtor to give notice of the time and place of his examination “ in the manner provided by the one hundred and twenty-fourth chapter of the General Statutes.” He claims that by this condition a different duty was imposed upon him from that required by the laws in force when the recognizance was taken, and therefore that the recognizance is void as entered into under duress.
The thirteenth section of chapter 124 of the General Statutes provides that the notice shall…
2Cases cited1 opinion
- Wheelock v. PierceMassachusetts Supreme Judicial Court · 1850
3Cited by1 opinion
- Leavitt v. LyonsMassachusetts Supreme Judicial Court · 1875