Dunsmoor v. Bankers Surety Co.
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Superior Court on December 21, 1908, against the Bankers Surety Company and Addison R. Pike, to reach and apply assets of the defendant company in the hands of the defendant Pike to satisfy a bond given in ne exeat proceedings in a suit in equity by the plaintiff against one George L. Richards.
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Bill in equity, filed in the Superior Court on December 21, 1908, against the Bankers Surety Company and Addison R. Pike, to reach and apply assets of the defendant company in the hands of the defendant Pike to satisfy a bond given in ne exeat proceedings in a suit in equity by the plaintiff against one George L. Richards. The case was heard by Dana, J. The bond which is the basis of the proceedings was as follows, the attesting clause, signatures and seals being omitted : “ Know all men by these presents that we, George L. Richards . . . as principal and the Bankers Surety Company ... as…
1Opinion of the CourtKnowlton, C. J.
This is a suit in equity against the surety upon a bond given by the defendant in a writ of ne exeat, with this defendant company as surety, to reach and apply the interest of the surety company in a certain promissory note and in shares of stock in certain corporations which cannot be come at to be attached, and which are in the hands of the other defendant.
The proper execution of. the bond and the breach of it are not now in question. The matter in dispute is whether the surety was discharged from liability by reason of certain orders of court extending the time which was granted by the…
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