1 Super. Ct. Jud. 9
Massachusetts Supreme Judicial Court
Decided August 15, 1762
Massachusetts Supreme Judicial Court · decided 1762-08-15
Debt upon a Bond. Defendant pleads as follows : “ The said Timothy comes and de- fends, &c„, and prays Oyer of the Condition there- “ of, and the same is read to him in these Words: “ The Condition of the aforewritten Obligation, “ &c., (this Condition as usuall,) which being read “ and heard, the said Timothy faith that the said “ Christopher his Action aforefaid against him the “said Timothy ought not to have and maintain, “because he faith that the said Timothy, on the “…
Relies on Amory v. Fairbanks
Decided 1762-08-15
¶1*12Ruled unanimously, that it could, and that the Plea is bad. (
¶2Bond to be chancered next Term. (
¶3(1) S. P. Amory v. Fairbanks, 3 Mass. 562. Ely v. Ely, 6 Gray, 439. See also 8 Pick. 336; 5 Cush. 231.
¶4(2) A bill in chancery was accordingly filed praying that the penalty “ be chancered down to the sum of one penny.” But the Court gave £ 176 105.