McNeilly v. Driscoll
Massachusetts Supreme Judicial Court
Contract against the principal and two sureties upon a bond to dissolve an attachment made by trustee process in an action brought in the Municipal Court of the City of Boston. Writ in the Municipal Court of Brookline dated January 15, 1909. The action was defended only by Annie McGuire, one of the sureties on the bond.
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Contract against the principal and two sureties upon a bond to dissolve an attachment made by trustee process in an action brought in the Municipal Court of the City of Boston. Writ in the Municipal Court of Brookline dated January 15, 1909. The action was defended only by Annie McGuire, one of the sureties on the bond. In her answer, after a general denial, she alleged that after she had signed the bond as surety the ad damnum of the writ in the action" in which the attachment was made was raised from $300 to $500 without her consent and without any notice to her, whereby she alleged that…
1Opinion of the CourtRugg, J.
This is an action of contract upon a bond given to dissolve an attachment. The action was commenced by trustee process by the present plaintiff against the principal defendant. The ad damnum in the writ was $300, but in the recital of that clause, which authorized the attachment of goods and estate in the hands of trustees, it was stated that the defendant had not in his possession property to the value of $500. Before the return day of the writ the bond, upon which the present action is brought, was executed in the penal sum of $500. The descriptian of the writ given in the bond recited the…
2Cases cited11 opinions
- Doran v. CohenMassachusetts Supreme Judicial Court · 1888
- William W. Bierce, Ltd. v. WaterhouseSupreme Court of the United States · 1911
- Driscoll v. HoltMassachusetts Supreme Judicial Court · 1898
- Rogers v. AbbotMassachusetts Supreme Judicial Court · 1910
- Townsend National Bank v. JonesMassachusetts Supreme Judicial Court · 1890
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3Cited by6 opinions
- Savage v. WelchMassachusetts Supreme Judicial Court · 1923
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- Neszery v. BeardMassachusetts Supreme Judicial Court · 1917
- Shambleau v. HoytMichigan Supreme Court · 1933
- Eastern Tire Co. v. WitterMassachusetts Supreme Judicial Court · 1933
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