Goodyear Dental Vulcanite Co. v. Bacon
Massachusetts Supreme Judicial Court
Contract. The declaration of the plaintiff contained the following allegations: “ And the plaintiff says the defendant executed to it a bond,” which was annexed to the declaration, and of which the following, to which no seals were attached, is a copy: “ Know all men by these presents: that we, E. Ernest Caduc, of Hyde Park, Norfolk County, Mass., as principal, and Sarah T. Bacon, of Boston, Mass., George P. Bates, of Boston, Mass., Thomas H. Bacon, of Brookline, Norfolk…
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Contract. The declaration of the plaintiff contained the following allegations: “ And the plaintiff says the defendant executed to it a bond,” which was annexed to the declaration, and of which the following, to which no seals were attached, is a copy: “ Know all men by these presents: that we, E. Ernest Caduc, of Hyde Park, Norfolk County, Mass., as principal, and Sarah T. Bacon, of Boston, Mass., George P. Bates, of Boston, Mass., Thomas H. Bacon, of Brookline, Norfolk County, Mass., as sureties, are holden and stand firmly bound unto the Goodyear Dental Vulcanite Company, a corporation…
1Opinion of the CourtC. Allen, J.
The only question is as to the sufficiency of the plaintiff’s declaration. The averment that the defendant executed to it a bond is in the form given in the statutes for a declaration upon a bond, and implies a delivery of the bond to the plaintiff. Pub. Sts. c. 167, § 94, Schedule of Forms. The bond is a several obligation. If the defendant, knowing that Caduc had not signed it as principal, but intending never*544theless to be himself bound as surety, executed the bond and delivered it as it is, as and for his bond, he may be held liable upon it. Caduc was liable without a bond. Goodyear Dental…
2Cases cited1 opinion
- Goodyear Dental Vulcanite Co. v. CaducMassachusetts Supreme Judicial Court · 1887
3Cited by7 opinions
- Goodyear Dental Vulcanite Co. v. BaconMassachusetts Supreme Judicial Court · 1890
- City of Deering v. MooreSupreme Judicial Court of Maine · 1893
- Jacobs v. CurtissSupreme Court of Connecticut · 1896
- Rinaldi v. RodzikMassachusetts Supreme Judicial Court · 1926
- Marotta v. American Surety Co. of New YorkCourt of Appeals for the First Circuit · 1933
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