Bliss v. Kershaw
Massachusetts Supreme Judicial Court
Contract against a. surety on the recognizance of one- Peacock, a poor debtor. Writ dated February 15, 1900. At the trial in. the Superior-Court, before Hopkins, J., without a jury, it appeared, that the condition of the recognizance was as-follows: “ Now, therefore, if said Peacock shall within thirty days fi’om the date of his arrest deliver himself up for examination as to his estate, and for the taking of the oath for the relief of poor debtors before the Second District…
Read the full summary
Contract against a. surety on the recognizance of one- Peacock, a poor debtor. Writ dated February 15, 1900. At the trial in. the Superior-Court, before Hopkins, J., without a jury, it appeared, that the condition of the recognizance was as-follows: “ Now, therefore, if said Peacock shall within thirty days fi’om the date of his arrest deliver himself up for examination as to his estate, and for the taking of the oath for the relief of poor debtors before the Second District Court of Bristol at Fall River, then this recognizance shall be void, otherwise it shall be and remain in full force…
1Opinion of the CourtKnowlton, J.
The recognizance sued on does not expressly state all the term's and conditions mentioned in Pub. Sts. c. 162, § 28, and the question arises, what construction shall be put upon its provisions. It plainly shows an intention on the part of the principal and surety that the principal shall have the benefit of the oath for the relief of poor debtors, and it contains in its condition the principal requirements mentioned in the statute. Under the Gen. Sts. c. 124, § 17, which in prescribing a recognizance is silent in regard to the obligation of the debtor to give notice of the time and place…
2Cases cited8 opinions
- Damon v. CarrolMassachusetts Supreme Judicial Court · 1895
- Morgan v. CurleyMassachusetts Supreme Judicial Court · 1886
- Chesebro v. BarmeMassachusetts Supreme Judicial Court · 1895
- Wheelock v. PierceMassachusetts Supreme Judicial Court · 1850
- Morrill v. NortonMassachusetts Supreme Judicial Court · 1875
3 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Howard v. RoachMassachusetts Supreme Judicial Court · 1917
- Osborne v. MorganMassachusetts Supreme Judicial Court · 1884
- Sturman v. McCarthyMassachusetts Supreme Judicial Court · 1919
- Warburton v. GourseMassachusetts Supreme Judicial Court · 1906
- Ryder v. OuelletteMassachusetts Supreme Judicial Court · 1907
4 more not listed; retrieve them via the Exa API.