Andrews v. Knowlton
Massachusetts Supreme Judicial Court
Contract on a recognizance entered into under the Gen. Sts. c. 124, § 10, on December 24,1875, by Abraham Day as principal, and the defendants as sureties, and conditioned that Day, who had been arrested on an execution in favor of the plaintiff, should, within thirty days from the time of his arrest, deliver himself up for examination before some magistrate authorized to act, giving notice of the time and place thereof in the manner provided by law, and appear at the time…
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Contract on a recognizance entered into under the Gen. Sts. c. 124, § 10, on December 24,1875, by Abraham Day as principal, and the defendants as sureties, and conditioned that Day, who had been arrested on an execution in favor of the plaintiff, should, within thirty days from the time of his arrest, deliver himself up for examination before some magistrate authorized to act, giving notice of the time and place thereof in the manner provided by law, and appear at the time fixed for his examination, and from time to time until the same was concluded, and not depart without leave of the…
1Opinion of the CourtEndicott, J.
The court is of opinion that the evidence excluded was competent, and, if admitted, would have justified a verdict for the defendants. They offered to prove an agreement made by the counsel for the plaintiff, the debtor and his sureties being present, to the effect that the debtor need not deliver himself up for examination or give the required notice, that neither the debtor nor his sureties need take any further action upon or by reason of the recognizance, and that they were wholly free from the same. This agreement, if proved, was a waiver of .the terms of the recognizance in these…
2Cited by6 opinions
- Williams v. PatrickMassachusetts Supreme Judicial Court · 1900
- Sturman v. McCarthyMassachusetts Supreme Judicial Court · 1919
- National Surety Co. v. ReedMassachusetts Supreme Judicial Court · 1928
- Williams v. KimballMassachusetts Supreme Judicial Court · 1882
- Chellis v. LeavittMassachusetts Supreme Judicial Court · 1878
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