Yale v. Wheelock
Massachusetts Supreme Judicial Court
Scire facias against Abigail A. Wheelock and George A. Doane, upon a bail bond dated November 4, 1869, which purported to be entered into by “ Joseph B. Wheelock,” who had been arrested on mesne process at the suit of the plaintiff, “ as principal, and Abigail A. Wheelock, wife of said Joseph B. Wheelock, and George A. Doane, as sureties,” The defendants executed the bond, and Abigail A1 Wheelock was wife of the principal, and at the time of executing the bond was possessed…
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Scire facias against Abigail A. Wheelock and George A. Doane, upon a bail bond dated November 4, 1869, which purported to be entered into by “ Joseph B. Wheelock,” who had been arrested on mesne process at the suit of the plaintiff, “ as principal, and Abigail A. Wheelock, wife of said Joseph B. Wheelock, and George A. Doane, as sureties,” The defendants executed the bond, and Abigail A1 Wheelock was wife of the principal, and at the time of executing the bond was possessed of separate property. Upon these facts, which were agreed, the case was submitted to the judgment of the superior court,…
1Opinion of the Court
By the Court.
The defendant, Abigail A. Wheelock, was the wife of the principal, and executed the bond as his surety, without any consideration received by her, or any reference to her separate estate. Therefore she is not liable.
The defendant Doane executed the bond with his principal and co-surety, and the co-surety is described in the bond as the wife of the principal. Thus he was informed of the facts, and is liable.
By agreement of parties the plaintiff is to discontinue as to Abigail A. Wheelock, and Doane is to be defaulted.
2Cited by8 opinions
- Fowle v. TorreyMassachusetts Supreme Judicial Court · 1883
- State v. ParkerSupreme Court of Alabama · 1882
- Mattoon v. BarnesMassachusetts Supreme Judicial Court · 1873
- Gates v. TebbettsNebraska Supreme Court · 1909
- Winn v. SanfordMassachusetts Supreme Judicial Court · 1887
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