McKeon v. Briggs
Massachusetts Supreme Judicial Court
Contract against the surety on the recognizance of George W. Choate, a poor debtor, who had been arrested on an execution in favor of the plaintiff, for an alleged breach of the recognizance in the failure of the debtor to deliver himself up for examination within thirty days from the day of his arrest.
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Contract against the surety on the recognizance of George W. Choate, a poor debtor, who had been arrested on an execution in favor of the plaintiff, for an alleged breach of the recognizance in the failure of the debtor to deliver himself up for examination within thirty days from the day of his arrest. Writ dated May 10, 1917. ■ . In the Superior Court the case was tried before King, J. The evidence and the defendant’s exceptions to the admission of certain evidence are described in thé opinion. At the close of the evidence the defendant filed a motion asking the judge to order a verdict for…
1Opinion of the CourtCrosby, J.
This is an action against the surety on a poor debtor recognizance. The breach relied on is that the debtor did not deliver himself up for examination within thirty days from the day of his arrest.
The debtor, one George W. Choate, was arrested on an execution on January 9, 1917, and entered into a recognizance under R. L. c. 168, § 30. There was evidence that on February 6, 1917, he appeared with his surety in the poor debtor’s session of the Municipal Court of the City of Boston, delivered himself up for examination, and made application to take the oath for the relief of poor debtors. An…
2Cases cited7 opinions
- Simmons v. PooleMassachusetts Supreme Judicial Court · 1917
- Haskell v. CunninghamMassachusetts Supreme Judicial Court · 1915
- Howard v. RoachMassachusetts Supreme Judicial Court · 1917
- Sturman v. McCarthyMassachusetts Supreme Judicial Court · 1919
- McInerny v. SamuelsMassachusetts Supreme Judicial Court · 1878
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Bryer v. American Surety Co. of New YorkMassachusetts Supreme Judicial Court · 1934
- Little v. MathewsMassachusetts Supreme Judicial Court · 1944
- Modern Finance Co. v. MartinMassachusetts Supreme Judicial Court · 1942