Danker v. Atwood
Massachusetts Supreme Judicial Court
Scire facias against the defendant as surety upon the following bond: “ Know all men by these presents : That we, Samuel Snow, of Bath, State of Maine, as principal, and--as sureties, are holden, and stand firmly bound and obliged unto W. H. Warren, Jr., one of the Constables of the city of Boston, in the sum of three hundred dollars, to be paid unto said W. H. Warren, Jr., his executors, administrators or assigns ; to which payment, well and truly to be made, we bind…
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Scire facias against the defendant as surety upon the following bond: “ Know all men by these presents : That we, Samuel Snow, of Bath, State of Maine, as principal, and--as sureties, are holden, and stand firmly bound and obliged unto W. H. Warren, Jr., one of the Constables of the city of Boston, in the sum of three hundred dollars, to be paid unto said W. H. Warren, Jr., his executors, administrators or assigns ; to which payment, well and truly to be made, we bind ourselves, our heirs, executors and administrators, jointly and severally, firmly by these presents. “ Witness our hands and…
1Opinion of the CourtGray, C. J.
The bond containing the name of Samuel Snow as principal, followed by a blank before the words “ as sureties,” and signed by Samuel Snow and James S. Atwood, shows upon its face that Atwood must have signed as surety. Smith v. Crooker, 5 Mass. 538. Burns v. Lynde, 6 Allen, 305, 308, 310. *148United States v. Nelson, 2 Brock. 64, 70. Ex parte Fulton, 7 Cowen, 484. Stone v. Wilson 4 McCord, 203. The bond waa duly executed by the principal, and it does not appear that Atwood, at the time of executing it, understood that it was to be executed by any other person as surety. Cutter v. Whittemore, 10…
2Cases cited4 opinions
- Smith v. CrookerMassachusetts Supreme Judicial Court · 1809
- Russell v. AnnableMassachusetts Supreme Judicial Court · 1871
- Cutter v. WhittemoreMassachusetts Supreme Judicial Court · 1813
- United States v. NelsonU.S. Circuit Court for the District of Virginia · 1822
3Cited by8 opinions
- Hall v. ParkerMichigan Supreme Court · 1877
- Nusbaum v. Hartford Fire Ins.Supreme Court of Pennsylvania · 1923
- Fry v. P. Bannon Sewer Pipe Co.Indiana Supreme Court · 1913
- Blackmer v. DavisMassachusetts Supreme Judicial Court · 1880
- Carson v. National Life InsuranceSupreme Court of North Carolina · 1913
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