Craggin v. Bailey
Supreme Judicial Court of Maine
Debt on a poor debtor’s bond, dated August 25, 1841, given to the plaintiff by the defendant and Willard Bailey, to procure the release of the latter from arrest on an execution in the plaintiff’s favor against him. Willard Bailey did not perform either of the alternatives named in the condition of the bond within the six months.
Read the full summary
Debt on a poor debtor’s bond, dated August 25, 1841, given to the plaintiff by the defendant and Willard Bailey, to procure the release of the latter from arrest on an execution in the plaintiff’s favor against him. Willard Bailey did not perform either of the alternatives named in the condition of the bond within the six months. If the defendant was entitled to give -the same in evidence, it was agreed by the parties that on Feb. 15, 1842, Willard Bailey filed his petition in bankruptcy ; that on- April 5, 1842, he was declared a bankrupt; and on August 8, of the same year, he received his…
1Opinion of the Court
The opinion of the Court was drawn up by
Tenney J.
The defendant, John F. Bailey, was surety for Willard Bailey on a bond executed to obtain the discharge from arrest of the debtor, in the execution in favor of the plaintiff against said Willard Bailey. It is contended by the defendant, that the bond being for a larger sum, than the statute allows in such cases, it fails to be a statute bond, and therefore the plaintiff can recover no greater damages than those, which he has actually sustained by a breach of the condition. This question has been examined and settled in this county in the case…
2Cases cited4 opinions
- Champion v. NoyesMassachusetts Supreme Judicial Court · 1807
- Livermore v. BagleyMassachusetts Supreme Judicial Court · 1807
- Harrington v. DennieMassachusetts Supreme Judicial Court · 1816
- Sayward v. ConantMassachusetts Supreme Judicial Court · 1814
3Cited by2 opinions
- Geddes v. SibleySupreme Court of Connecticut · 1932
- Minon v. Van NostrandU.S. Circuit Court for the District of Massachusetts · 1873