Cooper v. Mowry
Massachusetts Supreme Judicial Court
Tars was an action of debt on a bond, made by the defendants and one Wood, who died pending the suit, to the plaintiff, sheriff of the county of Washington; the condition of which bond was, that the said Wood, who had been appointed by the plaintiff a deputy-sheriff for the said county, should, among other things, well and truly perform the duties of said office in all respects according to law, and should fully and completely indemnify and save harmless the plaintiff, his…
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Tars was an action of debt on a bond, made by the defendants and one Wood, who died pending the suit, to the plaintiff, sheriff of the county of Washington; the condition of which bond was, that the said Wood, who had been appointed by the plaintiff a deputy-sheriff for the said county, should, among other things, well and truly perform the duties of said office in all respects according to law, and should fully and completely indemnify and save harmless the plaintiff, his executors and administrators, from all suits, damages, and expenses, whatsoever, by reason of the doings, wrong-doitigs,…
1Opinion of the CourtParker, C. J.
The first question in this case is, whether the replication shows a breach of the condition of the bond. The general stipulation of the obligors is, that Wood, the principal in the bond, should well and truly perform all the duties of the office of deputy-sheriff, in all respects according to law. The breach assigned is, substantially, that the said Wood, having attached certain chattels on a writ in favor of one Congdon against one Kennedy, which writ had been prosecuted in Court, and judgment recovered thereon, released and discharged the said chattels from attachment, within thirty days…
2Cases cited3 opinions
- Phillips v. BridgeMassachusetts Supreme Judicial Court · 1814
- Commonwealth v. LoveridgeMassachusetts Supreme Judicial Court · 1814
- Jewett v. TorreyMassachusetts Supreme Judicial Court · 1814
3Cited by14 opinions
- State ex rel. Mount Pleasant Bank v. ConwayOhio Supreme Court · 1849
- Beyer v. Continental Trust Co.Missouri Court of Appeals · 1895
- McGough v. JamisonSupreme Court of Pennsylvania · 1884
- Miller v. Western National BankSupreme Court of Pennsylvania · 1896
- City of Fall River v. RileyMassachusetts Supreme Judicial Court · 1885
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