Smith v. Crooker
Massachusetts Supreme Judicial Court
This was an action of debt on a bond alleged to be executed by the defendants to the plaintiff, as treasurer of the town of Pembroke, for the penal sum of 3000 dollars, on condition that the defendant Crooker, a collector of taxes for that town, should faithfully perform the duties of that office. Crooker, the principal, was defaulted; but Cushing, the other defendant, pleaded non est factum.
1Opinion of the Court
The cause was submitted without argument, and being continued *417nisi for advisement, the opinion of the Court (which recites the facts agreed) was delivered at the following March term, in Suffolk, by
Parsons, C. J.
Crooker, being obliged to give bond with a surety for the faithful performance of the duties of his office, before he could receive his tax-bill and warrant, procured a draft of a bond; but as he had not provided a surety, a blank space was left, in the penal part of the bond for the insertion of the surety’s name, Cushing then agreed to be his surety, and executed the bond, the blank…
2Cases cited4 opinions
- Hatch v. HatchMassachusetts Supreme Judicial Court · 1812
- Hunt v. AdamsMassachusetts Supreme Judicial Court · 1810
- Jackson ex dem. Malin v. MalinNew York Supreme Court · 1818
- Moore v. Lessee of BickhamSupreme Court of Pennsylvania · 1811
3Cited by48 opinions
- Hatch v. HatchMassachusetts Supreme Judicial Court · 1812
- City of Chicago v. GageIllinois Supreme Court · 1880
- State v. YoungSupreme Court of Minnesota · 1877
- State ex rel. McCarty v. PepperIndiana Supreme Court · 1869
- Wild Cat Branch v. BallIndiana Supreme Court · 1873
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