Legal Opinion

Briggs v. McDonald

Massachusetts Supreme Judicial Court

Decided April 29, 1896PublishedCited by 7 opinions

Contract, upon a bond in the sum of $5,000, executed by the first named defendant as principal, and by the other as surety, the condition of which was that, whereas the plaintiff, as a deputy sheriff, by virtue of a writ in favor of the defendant McDonald against certain persons doing business under the name of Carr Brothers, had, at McDonald’s request, attached certain personal property, McDonald, his heirs, executors, or administrators, should indemnify and save harmless…

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Contract, upon a bond in the sum of $5,000, executed by the first named defendant as principal, and by the other as surety, the condition of which was that, whereas the plaintiff, as a deputy sheriff, by virtue of a writ in favor of the defendant McDonald against certain persons doing business under the name of Carr Brothers, had, at McDonald’s request, attached certain personal property, McDonald, his heirs, executors, or administrators, should indemnify and save harmless the plaintiff, his heirs, executors, and administrators, “ of and from all suits, damages, and costs whatsoever,…

1Opinion of the CourtAllen, J.

The original plaintiff, Briggs, being a deputy sheriff, had in his hands a writ for service in favor of McDonald against Carr Brothers, and at McDonald’s request attached certain personal property thereon of the value of $4,870.79, and took a bond of indemnity from McDonald with a surety, and put the property in charge of McDonald as keeper. This property was subject to two mortgages, one in favor of Jane Carr and the other in favor of James H. Carr, both of whom after-wards brought actions against Briggs for the conversion of their mortgaged property, and recovered judgments therein on March…

2Cases cited5 opinions

  1. Miller v. HydeMassachusetts Supreme Judicial Court · 1894
  2. Wiggin v. AtkinsMassachusetts Supreme Judicial Court · 1884
  3. Parrott v. DearbornMassachusetts Supreme Judicial Court · 1870
  4. Cook v. MerrifieldMassachusetts Supreme Judicial Court · 1885
  5. Robinson v. BesarickMassachusetts Supreme Judicial Court · 1892

3Cited by7 opinions

  1. Harmon v. WestonMassachusetts Supreme Judicial Court · 1913
  2. Britton v. GoodmanMassachusetts Supreme Judicial Court · 1920
  3. Taborsak v. Massachusetts Bonding & InsuranceMassachusetts Supreme Judicial Court · 1935
  4. Treasurer of City of Boston v. SchaperoMassachusetts Supreme Judicial Court · 1914
  5. Dolan v. MucciMassachusetts Supreme Judicial Court · 1936

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