Smith v. Meegan
Massachusetts Supreme Judicial Court
Contract on a bond to dissolve an attachment, signed by Barney Connor as principal, and by the defendants as sureties. The case was submitted to the Superior Court, and, after judgment for the plaintiffs, to this court, on appeal, on an agreed statement of facts in substance as follows The bond was in accordance with the provisions of the Gen. Sts. o. 123, § 104, but did not contain the clause, required by the St. of 1875, c. 68, § 2, obliging the sureties to pay the special…
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Contract on a bond to dissolve an attachment, signed by Barney Connor as principal, and by the defendants as sureties. The case was submitted to the Superior Court, and, after judgment for the plaintiffs, to this court, on appeal, on an agreed statement of facts in substance as follows The bond was in accordance with the provisions of the Gen. Sts. o. 123, § 104, but did not contain the clause, required by the St. of 1875, c. 68, § 2, obliging the sureties to pay the special judgment, provided for in § 1, in case of the bankruptcy of the defendant. The bond was not filed with the clerk of the…
1Opinion of the CourtGray, C. J.
This bond, having been delivered to and accepted by the plaintiffs, (as appears by their suing upon it,) is not invalidated by the omission of the stipulation required by the St. of 1875, e. 68, § 2, but is good at common law. Mosher v. Murphy, 121 Mass. 276. The failure of the principal defendant to file the bond with the clerk of the court, in accordance with the St. of 1870, c. 291, § 5, cannot affect the plaintiffs right of action thereon. Glezen v. Rood, 2 Met. 490. Jones v. Bunn, 2 Met. (Ky.) 490. Judgment for the plaintiffs.
2Cases cited2 opinions
- Mosher v. MurphyMassachusetts Supreme Judicial Court · 1876
- Jones v. BunnCourt of Appeals of Kentucky · 1859
3Cited by4 opinions
- A. J. Wolfe Co. v. Baltimore Contractors, Inc.Massachusetts Supreme Judicial Court · 1969
- Central Mills Co. v. StewartMassachusetts Supreme Judicial Court · 1882
- Wall v. KellyMassachusetts Supreme Judicial Court · 1911
- Laplante v. MorelloMassachusetts District Court, Appellate Division · 1936