Holbrook v. Klenert
Massachusetts Supreme Judicial Court
Contract against the principal and surety of a bond, given in pursuance of the order of a justice of the peace, with the condition that the principal should appear and answer to a bastardy complaint, at the next term of the Superior Court. The bond was signed but by one surety. The case was submitted in the Superior Court upon an agreed statement of facts.
Read the full summary
Contract against the principal and surety of a bond, given in pursuance of the order of a justice of the peace, with the condition that the principal should appear and answer to a bastardy complaint, at the next term of the Superior Court. The bond was signed but by one surety. The case was submitted in the Superior Court upon an agreed statement of facts. The defendant Klenert was arrested February 28, 1872, on a warrant in the usual form issued upon a bastardy complaint, in which the plaintiff was the complainant, and brought before Christopher C. Stone, Esq., a justice of the peace. The…
1Opinion of the CourtDevens, J.
When bonds varying in some respects from the requirements of statutes have been given, there has been always a strong disposition to hold them to be good at common law, if the parties to the instrument were right, and if the bond was in substance that which the obligors had a right to make, and contained no conditions contrary to those which were prescribed by law. Thus in Freeman v. Davis, 7 Mass. 200, and in Burroughs v. Lowder, 8 Mass. 373, bonds given by defendants to plaintiffs for the privilege of the prison limits to the principal were held good at common law, although not in double…
2Cases cited3 opinions
- Morse v. HodsdonMassachusetts Supreme Judicial Court · 1809
- Freeman v. DavisMassachusetts Supreme Judicial Court · 1810
- Jones v. BunnCourt of Appeals of Kentucky · 1859
3Cited by7 opinions
- Bellinger v. ThompsonOregon Supreme Court · 1894
- Castaline v. SwardlickMassachusetts Supreme Judicial Court · 1928
- Farr v. RouillardMassachusetts Supreme Judicial Court · 1899
- Price v. DoyleSupreme Court of Minnesota · 1885
- Mosher v. MurphyMassachusetts Supreme Judicial Court · 1876
2 more not listed; retrieve them via the Exa API.