Easter v. Foster
Massachusetts Supreme Judicial Court
Contract, against the principal and sureties upon a replevin bond. The jury, acting under the instructions of Bond, J., returned a verdict for the plaintiff in the penal sum of the bond and interest, and that there was due the plaintiff for the breach of the condition of the bond the sum of one dollar. The plaintiff alleged exceptions, which appear in the opinion.
1Opinion of the CourtKnowlton, J.
The defendant Foster replevied a horse from the plaintiff, and he, with the other defendants as sureties, gave a replevin bond in the usual form. He failed to enter his writ, and the plaintiff brings this action on the bond to recover for the breach of it. The jury were instructed that the plaintiff was entitled to judgment for the penal sum of the bond, and were directed to determine how much was payable in equity and good conscience for this breach of the condition, in order that the court might award to the plaintiff a proper execution. Pub. Sts. c. 171, § 10. Upon this part of the case…
2Cases cited1 opinion
- Leonard v. WhitneyMassachusetts Supreme Judicial Court · 1872
3Cited by6 opinions
- In re KeohaneMassachusetts Supreme Judicial Court · 1901
- Parker v. YoungMassachusetts Supreme Judicial Court · 1905
- Cohen & Hammond, Inc. v. ArnoldMassachusetts Supreme Judicial Court · 1924
- Sullivan v. MartinelliMassachusetts Supreme Judicial Court · 1927
- Macomber v. MoorSupreme Judicial Court of Maine · 1930
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