Everett v. Henderson
Massachusetts Supreme Judicial Court
Contract on a poor debtor’s recognizance, entered into under the Pub. Sts. c. 162, § 28, by the first named defendant as principal, and by the other defendant as surety, and containing the usual conditions. After the former decision, reported" 146 Mass. 89, the case was submitted to the Superior Court, and, after judgment for the plaintiff, to this court, on appeal, on agreed facts, which, so far as material, appear in the opinion.
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Contract on a poor debtor’s recognizance, entered into under the Pub. Sts. c. 162, § 28, by the first named defendant as principal, and by the other defendant as surety, and containing the usual conditions. After the former decision, reported" 146 Mass. 89, the case was submitted to the Superior Court, and, after judgment for the plaintiff, to this court, on appeal, on agreed facts, which, so far as material, appear in the opinion. If the plaintiff was entitled to recover, judgment was to be entered for him for the penal sum of the recognizance; otherwise, judgment was to be entered for the…
1Opinion of the CourtW. Allen, J.
The principal defendant, Henderson, was arrested, after he had been adjudged an insolvent debtor upon an execution issued on a judgment which might have been proved against his estate in insolvency, and gave the recognizance in suit, under the Pub. Sts. c. 162, § 28. The arrest was authorized upon the fifth charge mentioned in § 17 of that chapter, that the debt was contracted with an intention not to pay it. He duly gave notice of his intention to take the oath for the relief of poor debtors; and while the proceedings were pending, and after charges of fraud, including the one on which the…
2Cases cited9 opinions
- Stockwell v. SillowayMassachusetts Supreme Judicial Court · 1868
- Anderson v. EdwardsMassachusetts Supreme Judicial Court · 1877
- Hills v. JonesMassachusetts Supreme Judicial Court · 1877
- Morse v. DaytonMassachusetts Supreme Judicial Court · 1878
- Morrill v. NortonMassachusetts Supreme Judicial Court · 1875
4 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Commonwealth v. EdwardsMassachusetts Supreme Judicial Court · 2005
- Chesebro v. BarmeMassachusetts Supreme Judicial Court · 1895
- DiRuscio v. PopoliMassachusetts Supreme Judicial Court · 1929
- In re ColalucaDistrict Court, D. Massachusetts · 1904
- Leonard v. BoltonMassachusetts Supreme Judicial Court · 1891
9 more not listed; retrieve them via the Exa API.