Donnell v. Manson
Massachusetts Supreme Judicial Court
Conteact by William. E. Donnell, .George H. Leman, James G. Leman, Edward A. Costigan, William Waters, William Waters, Jr., Henry W. Coliman and Patrick J. White against Benjamin T. Manson, Edward K. Harding, Jedediah K. Morrill and George P. Bates.
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Conteact by William. E. Donnell, .George H. Leman, James G. Leman, Edward A. Costigan, William Waters, William Waters, Jr., Henry W. Coliman and Patrick J. White against Benjamin T. Manson, Edward K. Harding, Jedediah K. Morrill and George P. Bates. Writ dated September 12, 1870. The declaration was on the following bond, executed by the defendants : “ Know all men by these presents, that we, Edward K. Harding of Bath, state of Maine, merchant, and B. T. Manson of Portland, state ,of Maine, merchant, as principals, and J. N. Mor rill and George P. Bates of Boston, state of Massachusetts, ai…
1Opinion of the CourtMobton, J.
This is an action upon a bond given to dissolve an attachment under the Gen. Sts. c. 151, § 15.* After the bond was executed two of the obligees died, and the action is brought by the surviving obligees. The defendants object that the suit cannot be maintained without joining the executors or administrators of the deceased obligees. But the contract of the defendants is with the obligees jointly; the form of the contract is joint and the legal interest in the subject matter of the contract is vested in them jointly. When this is the case the survivors are the proper parties to sue. Anderson…
2Cases cited1 opinion
- Smith v. FranklinMassachusetts Supreme Judicial Court · 1805
3Cited by4 opinions
- Degnan v. Maryland Casualty Co.Massachusetts Supreme Judicial Court · 1930
- Thomas v. Green CountyCourt of Appeals for the Sixth Circuit · 1908
- Dana v. ParkerU.S. Circuit Court for the District of Massachusetts · 1886
- Taylor v. Northern Insurance CompanySupreme Court of Rhode Island · 1919