Day v. Frank
Massachusetts Supreme Judicial Court
Contract by the treasurer of Northampton against the principal and surety upon a bond given by Henry Frank under the St. of 1875, e. 99, § 9, the condition of which was that Frank “ shall well and truly comply with all the provisions of the act under which said license is issued, and also shall pay all damages which shall be recovered from him under and pursuant to the provisions of said act.” The principal was defaulted.
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Contract by the treasurer of Northampton against the principal and surety upon a bond given by Henry Frank under the St. of 1875, e. 99, § 9, the condition of which was that Frank “ shall well and truly comply with all the provisions of the act under which said license is issued, and also shall pay all damages which shall be recovered from him under and pursuant to the provisions of said act.” The principal was defaulted. At the trial against the surety in the Superior Court, before Gardner, J., without a jury, the plaintiff offered in evidence the record of a judgment recovered by one Ann…
1Opinion of the CourtMorton, J.
The statute provides that every person licensed to sell intoxicating liquor shall give a bond with sufficient surety or sureties “ conditioned for the payment of all costs, damages and fines incurred by violation of the provisions of this act.” St. 1875, c. 99, § 9.- The same section provides a form of the bond, in which the condition is that the licensee “ shall well and *498truly comply with all the provisions of the act under which said license is issued, and also shall pay all damages which shall be recovered from him under and pursuant to the provisions of said act.”
The bond in suit follows…
2Cited by6 opinions
- State v. NutterWest Virginia Supreme Court · 1898
- O'Connell v. O'LearyMassachusetts Supreme Judicial Court · 1887
- Howes v. MaxwellMassachusetts Supreme Judicial Court · 1892
- Treasurer of City of Boston v. American Surety Co. of New YorkMassachusetts Supreme Judicial Court · 1914
- Inhabitants of Dexter v. BlackdenSupreme Judicial Court of Maine · 1900
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