Smith v. McQuillin
Massachusetts Supreme Judicial Court
Contract for the amount paid by the plaintiff in satisfaction of a judgment obtained against him as surety on the defendant’s bond given on January 30,1899, to dissolve an attachment against the defendant. Writ dated September 22,1904. The case came on to be tried before Fox, J., the facts being undisputed and agreed to by the parties. Those which are material are stated in the opinion. The defendant relied in defence on his discharge in bankruptcy.
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Contract for the amount paid by the plaintiff in satisfaction of a judgment obtained against him as surety on the defendant’s bond given on January 30,1899, to dissolve an attachment against the defendant. Writ dated September 22,1904. The case came on to be tried before Fox, J., the facts being undisputed and agreed to by the parties. Those which are material are stated in the opinion. The defendant relied in defence on his discharge in bankruptcy. His petition in bankruptcy was filed on November 26,1902, and his discharge was granted on April 14,1903. The action against the plaintiff and…
1Opinion of the CourtMorton, J.
The plaintiff was surety on a bond given by the defendant to dissolve an attachment. Judgment was recovered against the defendant in the action in which the attachment was made, and.was satisfied in part by the defendant. Afterwards an action was brought on the .bond by the judgment creditor against the present plaintiff and the other surety. In the action thus brought judgment was rendered against the present plaintiff, and on demand he paid and satisfied the judgment. Between the bringing of the action on the bond and the recovery of judgment the present defendant went into bankruptcy and…
2Cases cited3 opinions
- Morgan v. WordellMassachusetts Supreme Judicial Court · 1901
- Dunbar v. DunbarMassachusetts Supreme Judicial Court · 1901
- Goding v. RoscenthalMassachusetts Supreme Judicial Court · 1901
3Cited by4 opinions
- Fife v. FifeUtah Supreme Court · 1954
- Cotting v. Hooper, Lewis & Co.Massachusetts Supreme Judicial Court · 1915
- Standard Oil Co. of New York v. Back Bay Hotels Garage, Inc.Massachusetts Supreme Judicial Court · 1934
- City of Milwaukee v. PontellWisconsin Supreme Court · 1971