Curnow v. Goodman
Massachusetts Supreme Judicial Court
Contract against three sureties upon a bond to dissolve an attachment in an action of this plaintiff against one Sam Silver. Writ dated August 5, 1919. In the Superior Court, the action was tried before Lwnrrms, J. Material evidence is described in the opinion.
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Contract against three sureties upon a bond to dissolve an attachment in an action of this plaintiff against one Sam Silver. Writ dated August 5, 1919. In the Superior Court, the action was tried before Lwnrrms, J. Material evidence is described in the opinion. The jury in answer to special questions found in substance that the first, second and fourth counts of the declaration in the action of Curnow v. Silver as amended without notice to the defendants in this action, sureties on Silver’s bond to dissolve the attachment, were included in the cause of action for which that action was…
1Opinion of the CourtDe Courcy, J.
This is an action against the sureties on a bond given to dissolve an attachment in the case of Mary J. Curnow y. Sam Silver, and dated October 6, 1914. The writ in the Silver case was in contract, and the original declaration was in one count for $2,000, “money had and received to the plaintiff’s use.” In May, 1919, a substitute declaration was filed. It was allowed by the court without the knowledge or consent of these sureties, or notice to them. It contained four counts, as follows: Count 1, for money received by Silver from a purchaser of Mrs. Curnow’s farm ($1,500), with interest from…
2Cases cited6 opinions
- Freeman v. CreechMassachusetts Supreme Judicial Court · 1873
- Mathews Slate Co. v. SweeneyMassachusetts Supreme Judicial Court · 1914
- Prince v. ClarkMassachusetts Supreme Judicial Court · 1879
- Batchelder v. PierceMassachusetts Supreme Judicial Court · 1898
- Cutter v. RichardsonMassachusetts Supreme Judicial Court · 1878
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Weinstein v. MillerMassachusetts Supreme Judicial Court · 1925
- Gordon & Dilworth, Inc. v. AbbottMassachusetts Supreme Judicial Court · 1926
- Gilna v. Fidelity & Deposit Co.Montana Supreme Court · 1928
- Eastern Tire Co. v. WitterMassachusetts Supreme Judicial Court · 1933