Wall v. Kelly
Massachusetts Supreme Judicial Court
Contract or tort by the surety on a bond given to dissolve an attachment, as the assignee of the principal, against a deputy sheriff for $800, with two counts, one alleging the conversion of that sum of money by the defendant, and the other, alleged to be for the same cause of action, for money had and received to the plaintiff’s use.
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Contract or tort by the surety on a bond given to dissolve an attachment, as the assignee of the principal, against a deputy sheriff for $800, with two counts, one alleging the conversion of that sum of money by the defendant, and the other, alleged to be for the same cause of action, for money had and received to the plaintiff’s use. Writ in the Municipal Court of the City of Boston dated December 1,1908. On appeal to the Superior Court the case was tried before Hardy, J. The facts which appeared by the evidence are stated in the opinion. At the close of the evidence the plaintiff, at the…
1Opinion of the CourtBraley, J.
The real estate of the plaintiff’s assignor having been attached by the defendant as a deputy sheriff, the debtor desired to release the attachment, and offered in substitution a sum of money somewhat in excess of the debt demanded. By agreement of the parties supplementary process issued under R. L. c. 167, § 80, and, the amount agreed upon having been deposited with the defendant, he attached it, and the plaintiff’s counsel then released the attachment on the real estate. The debtor subsequently sought to dissolve the attachment on the money, and gave a bond on which the present plaintiff…
2Cases cited8 opinions
- O'Hare v. DowningMassachusetts Supreme Judicial Court · 1880
- Farr v. RouillardMassachusetts Supreme Judicial Court · 1899
- Central Mills Co. v. StewartMassachusetts Supreme Judicial Court · 1882
- Mosher v. MurphyMassachusetts Supreme Judicial Court · 1876
- Marr v. Washburn & Moen Manufacturing Co.Massachusetts Supreme Judicial Court · 1896
3 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Jennings v. WallMassachusetts Supreme Judicial Court · 1914
- Britton v. GoodmanMassachusetts Supreme Judicial Court · 1920
- BullockMassachusetts Supreme Judicial Court · 1925
- Pinto v. BrennanMassachusetts Supreme Judicial Court · 1926
- Chertok v. MorangMassachusetts Supreme Judicial Court · 1917
2 more not listed; retrieve them via the Exa API.