Demelman v. Hunt
Massachusetts Supreme Judicial Court
Contbact, upon a poor debtor’s recognizance, entered into by the first named defendant as principal, and by William I. Holmes, the other defendant, as surety. Trial in the Superior Court, without a jury, before Richardson, J., who found for the principal defendant, and for the plaintiff against the defendant surety; and the latter alleged exceptions. The facts appear in the opinion.
1Opinion of the CourtHolmes, J.
This is an action upon a recognizance given in poor debtor proceedings, conditioned for the debtor’s delivering himself up for examination within thirty days. St. 1888, c. 419, § 6. The recognizance is dated April 20, 1895. As we understand the defective bill of exceptions, the debtor submitted himself for examination and made default on May 17, at half past ten in the morning. Earlier on that day he had begun proceedings in insolvency, and on December 26,1895, he was discharged from all debts due. on May 18. The judge before whom this case was tried found for the principal defendant, the…
2Cases cited2 opinions
- Carpenter v. TurrellMassachusetts Supreme Judicial Court · 1868
- Everett v. HendersonMassachusetts Supreme Judicial Court · 1890
3Cited by3 opinions
- Hopwood v. SmithMassachusetts Supreme Judicial Court · 1898
- Carpenter v. GoddardMassachusetts Supreme Judicial Court · 1906
- Harris v. HayesMassachusetts Supreme Judicial Court · 1898