Yale v. Wheelock

Decided March 15, 1872

Massachusetts Supreme Judicial Court · decided 1872-03-15

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…

Good law ✅— No negative treatment on recordhow we know

Decided 1872-03-15

How this case has been cited

Cited by 7 later decisions — most recently February 1909

7 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

By the Court.

¶1The 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.

¶2The 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.

¶3By agreement of parties the plaintiff is to discontinue as to Abigail A. Wheelock, and Doane is to be defaulted.