McKim v. Demmon
Massachusetts Supreme Judicial Court
Contract on a joint and several probate bond, dated June 10, 1850, executed by Ozias Morse as principal, by William Lowry as surety in the sum of $5000, by Robert W. Lord as surety in the sum of $2000, and by the defendant as surety in the sum of $3000, and conditioned for the faithful performance by the principal of the duties of trustee under the will of Hannah Morse.
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Contract on a joint and several probate bond, dated June 10, 1850, executed by Ozias Morse as principal, by William Lowry as surety in the sum of $5000, by Robert W. Lord as surety in the sum of $2000, and by the defendant as surety in the sum of $3000, and conditioned for the faithful performance by the principal of the duties of trustee under the will of Hannah Morse. The case was submitted to this court on the following agreed facts: On February 24, 1851, Lowry was discharged from all further responsibility as a surety on the bond, by a decree of the Probate Court, made pursuant to the…
1Opinion of the CourtGray, C. J.
It being agreed in the case stated that Lowry, one of the sureties upon the bond sued on, was discharged from all further responsibility thereon by a decree of the Probate Court made pursuant to the provisions of the statute, it must be assumed that the decree was made after due notice to all persons interested, as required by the St. of 1843, c. 56, § 1; and, if such notice was given, the validity of the decree is not affected by the defendant’s having had no actual knowledge of it.
But the legal effect of that decree was to discharge Lowry’s ~ co-sureties as well as himself. This is evident…
2Cases cited2 opinions
- Greenfield Savings Bank v. StowellMassachusetts Supreme Judicial Court · 1877
- Smith v. United StatesSupreme Court of the United States · 1865
3Cited by2 opinions
- Arlington National Bank v. BennettMassachusetts Supreme Judicial Court · 1913
- Brooks v. WhitmoreMassachusetts Supreme Judicial Court · 1885