Jennings v. Wall
Massachusetts Supreme Judicial Court
Contract on two bonds given at different dates to dissolve the same attachment. Writ dated October 13, 1911. In the Superior Court the case was submitted upon an agreed statement of facts to Fox, J.„ who found for the plaintiff in the penal sum of the bond, namely, $900, with interest from January 7, 1909, making the amount $1,140. The defendants alleged exceptions, raising the numerous questions which are disposed of in the opinion.
1Opinion of the CourtRugg, C. J.
This is an action of contract on two separate bonds to dissolve the same attachment. The circumstances attending their execution and delivery are these: In 1905 an action was brought by the present plaintiff against one Law, the ad damnum in which was laid at $2,000. An attachment of real estate was made. By agreement of parties later $800 in cash was produced by Law and forthwith was attached on special precept, and the attachment of real estate was dissolved. Subsequently Law, in order to procure the release of this money from *280attachment, assigned his interest therein to Wall, the present…
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