Prior v. Pye
Massachusetts Supreme Judicial Court
Contract, on a bond dated August 11, 1892, executed by Henry E. Holbrook as principal and the defendants as sureties, and reciting that whereas the plaintiffs “ have caused the goods or estate of the said Henry E. Holbrook ... to be attached on mesne process” in a certain action “in favor of the said plaintiffs and against the said Henry E. Holbrook and W. C. Holbrook; . . . and .whereas the said Henry E. Holbrook desires to dissolve said attachment according to law, — Now,…
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Contract, on a bond dated August 11, 1892, executed by Henry E. Holbrook as principal and the defendants as sureties, and reciting that whereas the plaintiffs “ have caused the goods or estate of the said Henry E. Holbrook ... to be attached on mesne process” in a certain action “in favor of the said plaintiffs and against the said Henry E. Holbrook and W. C. Holbrook; . . . and .whereas the said Henry E. Holbrook desires to dissolve said attachment according to law, — Now, therefore, if the said Henry E. Holbrook shall, within thirty days after the final judgment in the aforesaid action, pay…
1Opinion of the CourtLathrop, J.
The liability of the defendants in this case depends upon the contract which they have made. The condition of the bond recites the attachment of the goods of Henry E. Holbrook in an action brought by the plaintiffs against Henry E. Holbrook and W. O. Holbrook, and the wish of Henry E. Holbrook to dissolve the attachment according to law, and binds him to pay within thirty days the final judgment “ in the afore*318said action.” If the judgment is paid the obligation is to be void, otherwise the principal and sureties on the bond are liable.
It seems to us impossible to say that this bond can be…
2Cases cited6 opinions
- Leonard v. SpeidelMassachusetts Supreme Judicial Court · 1870
- Poole v. DyerMassachusetts Supreme Judicial Court · 1877
- Campbell v. BrownMassachusetts Supreme Judicial Court · 1877
- Dalton v. BarnardMassachusetts Supreme Judicial Court · 1890
- Eveleth v. BurnhamMassachusetts Supreme Judicial Court · 1871
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Mass. Building Finish Co. v. BrennerMassachusetts Supreme Judicial Court · 1934
- Jennings v. WallMassachusetts Supreme Judicial Court · 1914
- Patch v. RobbinsMassachusetts Supreme Judicial Court · 1928
- Donovan v. DonovanMassachusetts Supreme Judicial Court · 1916
- Gordon & Dilworth, Inc. v. AbbottMassachusetts Supreme Judicial Court · 1926
2 more not listed; retrieve them via the Exa API.