Thomas v. Blake
Massachusetts Supreme Judicial Court
ContraOT upon a bond, dated April 13,1874, executed to the plaintiff by Henry A. Darling, as principal, in the sum of $5000, and by the defendant and others as sureties, in the sum of -$500 each, and containing the following condition : “ The condition of this obligation is such, that whereas the said John W. Thomas, who is sheriff for said county of Norfolk, hath made, constituted and appointed the above-named Henry A. Darling a deputy sheriff under him the said John W.…
Read the full summary
ContraOT upon a bond, dated April 13,1874, executed to the plaintiff by Henry A. Darling, as principal, in the sum of $5000, and by the defendant and others as sureties, in the sum of -$500 each, and containing the following condition : “ The condition of this obligation is such, that whereas the said John W. Thomas, who is sheriff for said county of Norfolk, hath made, constituted and appointed the above-named Henry A. Darling a deputy sheriff under him the said John W. Thomas, sheriff as aforesaid; now, if the above-named Henry A. Darling shall well, punctually and faithfully discharge and…
1Opinion of the CourtColt, J.
The bond was delivered to the plaintiff in May 1874; it recites that Darling had been appointed a deputy under the plaintiff; but neither the date of the appointment nor the term of office is stated, nor does it appear from the bond that Darling had, at the time it was executed, delivered and accepted, been qualified and entered upon the duties of the office.
At the trial there was evidence that Darling, in January 1874, attached personal property belonging to Benjamin Gray, on a writ in favor of Lydia M. Runey, which in the same month he sold on the writ, under the provisions of the Gen. Sts.…
2Cases cited7 opinions
- Miller v. StewartSupreme Court of the United States · 1824
- United States v. BoydSupreme Court of the United States · 1841
- Farrar and Brown v. United StatesSupreme Court of the United States · 1831
- United States v. BoydSupreme Court of the United States · 1846
- Bruce v. United StatesSupreme Court of the United States · 1855
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- United States Fidelity & Guaranty Co. v. FultzSupreme Court of Arkansas · 1905
- Eliot Savings Bank v. Aetna Casualty & Surety Co.Massachusetts Supreme Judicial Court · 1941
- Van Sickel v. County of BuffaloNebraska Supreme Court · 1882
- Davis Sewing Machine Co. v. StoneMassachusetts Supreme Judicial Court · 1881
- Lemieux v. LincolnMassachusetts Supreme Judicial Court · 1910