Legal Opinion

Penniman v. Vinton

Massachusetts Supreme Judicial Court

Decided March 15, 1808PublishedCited by 7 opinions

In this action, which was continued nisi from the last September term in Norfolk, the following opinion of the Court was delivered at this term by

1Opinion of the CourtParsons, C. J.

This action is assumpsit by the plaintiff against the administrators, declaring that the plaintiff being surety for their intestate in a bond, the deceased promised to indemnify and save him harmless; and that the plaintiff, as surety, had been obliged to pay a part of the bond, and the deceased, the principal, had not indemnified him. There are also two other counts for the same cause of action.

The defendants pleaded several pleas, viz., non assumpsit generally, on which issue was joined ; non assumpsit infra sex annos; and that the cause of action did not accrue within six years. These…

2Cited by7 opinions

  1. Faires v. CockerellTexas Supreme Court · 1895
  2. Moore v. JenkinsTexas Supreme Court · 1919
  3. Major v. HolmesMassachusetts Supreme Judicial Court · 1878
  4. Arbogast v. HaysIndiana Supreme Court · 1884
  5. Williams' Administrators v. Williams' AdministratorsOhio Supreme Court · 1832

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