Tracy v. Preble
Massachusetts Supreme Judicial Court
Contract in the name of the city treasurer, for the benefit of Francis W. Mitchell, against the principal and sureties on the official bond of Benjamin F. Roberts, a constable of the city of Boston.
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Contract in the name of the city treasurer, for the benefit of Francis W. Mitchell, against the principal and sureties on the official bond of Benjamin F. Roberts, a constable of the city of Boston. Trial in the Superior Court, before Putnam,, J., who reported the case to this court, in substance as follows : It was admitted that the defendant Roberts was a constable of the city of Boston, and that he gave the bond in question, with the defendants Preble and Going as his sureties. It appeared in evidence, uncontradicted, that P. L. Riggs and John S. Eldridge brought separate actions against…
1Opinion of the CourtColt, J.
Mitchell, for whose benefit this action is prosecuted against the defendants as sureties on the official bond of one Roberts, a constable of the city, had, before the commencement of this suit, obtained judgment against Roberts alone for the same wrongful official act. Upon this judgment an execution was issued, upon which Roberts was arrested and entered into a poor debtor’s recognizance. He made default upon this recognizance, and, upon the return of the execution unsatisfied, Mitchell brought an action upon it, which is still pending.
The court ruled, against the defendants’ request, that…
2Cases cited1 opinion
- Moore v. LoringMassachusetts Supreme Judicial Court · 1871
3Cited by5 opinions
- Jennings v. WallMassachusetts Supreme Judicial Court · 1914
- Watts v. StevensonMassachusetts Supreme Judicial Court · 1897
- Thomson v. SleeperMassachusetts Supreme Judicial Court · 1897
- Crawford-Plummer Co. v. McCarthyMassachusetts Supreme Judicial Court · 1917
- Lord v. HobbesSuperior Court of New Hampshire · 1804