Granger v. Parker
Massachusetts Supreme Judicial Court
Contract on a bond, in the penal sum of $3000, executed on December 21,1882, to the plaintiff, by the first-named defendant as principal, and by the other defendants as 'sureties, and containing the following condition: “ The condition of the obligation is such, that whereas the said Alice M. Granger, by the consideration of the justices of the District Court of East Norfolk, holden at Quincy in said county of Norfolk, for civil business, on the twentieth day of December, in…
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Contract on a bond, in the penal sum of $3000, executed on December 21,1882, to the plaintiff, by the first-named defendant as principal, and by the other defendants as 'sureties, and containing the following condition: “ The condition of the obligation is such, that whereas the said Alice M. Granger, by the consideration of the justices of the District Court of East Norfolk, holden at Quincy in said county of Norfolk, for civil business, on the twentieth day of December, in the year of our Lord eighteen hundred and eighty-two, by assignment against the said Edward K. Parker, recovered…
1Opinion of the CourtC. Allen, J.
The defendants, in various forms, take the objection that the bond declared on is wholly invalid, and that the appeal from the district court should have been completed by a recognizance instead of the bond. They contend that they made the bond under duress, by order of the district court; but offer no evidence of actual duress. They rely on the ground that it should be presumed to have been executed because the district court required it, in order to perfect said appeal. It is conceded that the district court had jurisdiction of the cause and of the parties. The judgment of that court being…
2Cases cited4 opinions
- Santom v. BallardMassachusetts Supreme Judicial Court · 1882
- City of Fall River v. RileyMassachusetts Supreme Judicial Court · 1886
- Henderson v. BensonMassachusetts Supreme Judicial Court · 1886
- Granger v. ParkerMassachusetts Supreme Judicial Court · 1884
3Cited by10 opinions
- Braithwaite v. JordanNorth Dakota Supreme Court · 1895
- Pray v. WasdellMassachusetts Supreme Judicial Court · 1888
- Folsom v. CornellMassachusetts Supreme Judicial Court · 1889
- Morse v. O'HaraMassachusetts Supreme Judicial Court · 1924
- Taborsak v. Massachusetts Bonding & InsuranceMassachusetts Supreme Judicial Court · 1935
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