Fogel v. Dussault
Massachusetts Supreme Judicial Court
Contract, against Napoleon Dussault, Francis X. Dussault, and Charles Gagne, on a bond in the sum of $300, dated August 6, 1883, and executed by the first-named defendant as principal, and by the other defendants as sureties, reciting the attachment on mesne process by Julius Fogel of the goods and estate of Napoleon Dussault, to the amount of $300, by virtue of a writ in favor of said Fogel against the said Dussault, dated August 2, 1883, and returnable to the Second…
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Contract, against Napoleon Dussault, Francis X. Dussault, and Charles Gagne, on a bond in the sum of $300, dated August 6, 1883, and executed by the first-named defendant as principal, and by the other defendants as sureties, reciting the attachment on mesne process by Julius Fogel of the goods and estate of Napoleon Dussault, to the amount of $300, by virtue of a writ in favor of said Fogel against the said Dussault, dated August 2, 1883, and returnable to the Second District Court for the county of Bristol on the fourth Monday in August, 1883, and the desire of said Napoleon Dussault to…
1Opinion of the CourtDevers, J.
Parties are permitted to answer jointly when they make the same defence. Pub. Sts. c. 167, § 16. The answer of the defendants was joint, and consisted only of a general denial. The declaration alleged a final judgment for the plaintiff against the principal defendant, at a particular date, by a district court in an action originally brought there. This denial was a -defence, if successfully maintained, which was available to all the defendants. If, upon separate answers, the defendant sureties might, by plea and proof, have availed themselves of any invalidity in the judgment, they could not…
2Cases cited3 opinions
- Hendrick v. WhittemoreMassachusetts Supreme Judicial Court · 1870
- Wood v. MannMassachusetts Supreme Judicial Court · 1878
- Loring v. BridgeMassachusetts Supreme Judicial Court · 1812
3Cited by7 opinions
- Joyce v. ThompsonMassachusetts Supreme Judicial Court · 1918
- Conway National Bank v. PeaseSupreme Court of New Hampshire · 1912
- Fidelity & Deposit Co. v. BowenSupreme Court of Iowa · 1904
- BullockMassachusetts Supreme Judicial Court · 1925
- Bennett v. PowellMassachusetts Supreme Judicial Court · 1933
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