O. Sheldon Co. v. Cooke
Massachusetts Supreme Judicial Court
Contract, to recover $566 and interest for payments due under a written lease of a gasoline engine placed by the plaintiff in a launch of the defendant, and also $41.82 for fittings furnished for the launch.
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Contract, to recover $566 and interest for payments due under a written lease of a gasoline engine placed by the plaintiff in a launch of the defendant, and also $41.82 for fittings furnished for the launch. Writ dated January 28, 1899. At the trial in the Superior Court, before Braley, J., the plaintiff obtained a verdict, and after verdict, and before judgment, the defendant was adjudged a bankrupt by the District Court of the United States for the District of Massachusetts. The bankruptcy was suggested, and a motion was filed by the defendant to continue the case to await the discharge of…
1Opinion of the CourtLoring, J.
There is no merit in these exceptions. The cases relied on by the defendant have nothing to do with the case. The rights of the surety, if he has any, are not now in question; if he has any defence to the claim against him as surety, he can set it up when sued on the bond. Judgment against the principal debtor must be obtained by the plaintiff to charge the surety, because the condition of his bond is to pay a judgment if one is obtained against'the principal debtor. But the judgment is a judgment against the principal debtor and is to be disposed of as such though the surety cannot question…
2Cases cited1 opinion
- McKim v. HaleyMassachusetts Supreme Judicial Court · 1899
3Cited by6 opinions
- Britton v. GoodmanMassachusetts Supreme Judicial Court · 1920
- Taborsak v. Massachusetts Bonding & InsuranceMassachusetts Supreme Judicial Court · 1935
- Werlin v. Equitable Surety Co.Massachusetts Supreme Judicial Court · 1917
- McLeod v. JohnsonSupreme Judicial Court of Maine · 1902
- American Agricultural Chemical Co. v. Aetna Casualty & Surety Co.Massachusetts Supreme Judicial Court · 1934
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