Poole v. Dyer
Massachusetts Supreme Judicial Court
Contract against John B. Dyer, John Campbell and George Lord, on a bond, dated September 20, 1876, executed to the plaintiff by Ellen Dyer and John B. Dyer as principals, and by the other defendants as sureties; the condition of which was as follows: “ The condition of this obligation is súch, that whereas the said William Poole has caused the goods and estate of the said Ellen Dyer and John B. Dyer, to the value of three hundred dollars, to be attached on mesne process, by…
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Contract against John B. Dyer, John Campbell and George Lord, on a bond, dated September 20, 1876, executed to the plaintiff by Ellen Dyer and John B. Dyer as principals, and by the other defendants as sureties; the condition of which was as follows: “ The condition of this obligation is súch, that whereas the said William Poole has caused the goods and estate of the said Ellen Dyer and John B. Dyer, to the value of three hundred dollars, to be attached on mesne process, by virtue of a writ in favor of the said William Poole against the said Ellen Dyer and John B. Dyer, bearing date the…
1Opinion of the CourtEndicott, J.
In the original action brought by the plaintiff, the property of both defendants was attached. They thereupon gave a bond to dissolve the attachment, upon which this action is brought. The plaintiff in the original action discontinued against one, and judgment was entered against the other defendant. It is now contended that this discontinuance discharged the sureties, and they are no longer liable on the bond; but the court is not of that opinion.
There is nothing in the language of the bond, or the circumstances under which it was given, to indicate that it was intended to be restricted to a…
2Cases cited4 opinions
- Leonard v. SpeidelMassachusetts Supreme Judicial Court · 1870
- Campbell v. BrownMassachusetts Supreme Judicial Court · 1877
- Richards v. StorerMassachusetts Supreme Judicial Court · 1873
- Sanderson v. StevensMassachusetts Supreme Judicial Court · 1874
3Cited by16 opinions
- Waldrop v. WolffSupreme Court of Georgia · 1902
- Mass. Building Finish Co. v. BrennerMassachusetts Supreme Judicial Court · 1934
- McCormick v. National Surety Co.California Supreme Court · 1901
- Dalton v. BarnardMassachusetts Supreme Judicial Court · 1890
- Sharpe v. W. J. Morgan & Co.Illinois Supreme Court · 1893
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