Wallis v. Carpenter
Massachusetts Supreme Judicial Court
SciBE EACIAS on the judgment recovered in the case of Wallis v. Carpenter, 13 Allen, 19. The writ set forth the rendering of a judgment for the penalty of a guaranty entered into by the defendant that a certain sum should be paid to the plaintiff, and that the plaintiff should be held harmless from a debt on which he was liable to Horace Drury, and also from a debt on which he was liable to the Oxford Bank; that execution had issued for the amount of said sum and had been…
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SciBE EACIAS on the judgment recovered in the case of Wallis v. Carpenter, 13 Allen, 19. The writ set forth the rendering of a judgment for the penalty of a guaranty entered into by the defendant that a certain sum should be paid to the plaintiff, and that the plaintiff should be held harmless from a debt on which he was liable to Horace Drury, and also from a debt on which he was liable to the Oxford Bank; that execution had issued for the amount of said sum and had been paid; and that the plaintiff alleged that he had since been obliged to pay the debts to Drury and the Oxford Bank. The…
1Opinion of the CourtColt, J.
The defendant guaranteed under a penalty Reuben Carpenter’s performance of an award in favor of the plaintiff. By the award Reuben was required to pay a certain amount due to the plaintiff, and also to pay certain sums due from him and the plaintiff jointly to one Drury and to the Oxford Bank, “ and save the plaintiff free and harmless.” Upon failure to perform judgment was recovered against the defendant for the penalty, and an execution issued for the amount then due directly from Reuben to the plaintiff, as ascertained by the award. The plaintiff now, by scire facias, demands an additional…
2Cited by1 opinion
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