McInerny v. Samuels
Massachusetts Supreme Judicial Court
Contract upon a poor debtor’s recognizance, entered into under the Gen. Sts. c. 124, § 10, on June 15, 1877, by the defendant Samuels as principal, and the other defendant as surety, and containing the usual conditions. The case was submitted to the Superior Court, and, after judgment for the defendant, to this court on appeal, upon an agreed statement of facts, the material parts of which appear in the opinion.
1Opinion of the CourtLord, J.
The question to be determined in this case is, whether, upon the facts agreed, there has been a breach of the condition of the recognizance declared on.
On June 15, 1877, Samuels was arrested on an execution in favor of the plaintiff, and entered into the recognizance; and, on July 9, applied to a master in chancery, informing him that he desired to take the oath for the relief of poor debtor's, and requested that a time be fixed for the examination. The record of the master in chancery recites that he thereupon fixed July 13, at two o’clock in the afternoon, and his office in Springfield, as…
2Cases cited2 opinions
- Gage v. GannetMassachusetts Supreme Judicial Court · 1813
- Millett v. LemonMassachusetts Supreme Judicial Court · 1873
3Cited by5 opinions
- Gray v. DeanMassachusetts Supreme Judicial Court · 1883
- Sturman v. McCarthyMassachusetts Supreme Judicial Court · 1919
- Williams v. KimballMassachusetts Supreme Judicial Court · 1883
- McKeon v. BriggsMassachusetts Supreme Judicial Court · 1919
- Williams v. KimballMassachusetts Supreme Judicial Court · 1882