124 Mass. 219
Massachusetts Supreme Judicial Court
Decided March 10, 1878
Massachusetts Supreme Judicial Court · decided 1878-03-10
Contract, against the executrix of Henry W. Cushing, on the following bond, executed by the obligors : “ Know all men by these presents, that we, Charles W. Cochrane, of Chelsea, in the county of Suffolk and Commonwealth of Massachusetts, as principal, and Henry W. Cushing, of Boston, in the county of Suffolk, aforesaid, as surety, are holden and stand firmly bound and obliged unto Alice C. Cochrane, of said Chelsea, widow, in the full and just sum of f1000, to be paid unto…
Relies on New Haven & Northampton Co. v. Hayden
Good law ✅— No negative treatment on recordhow we know
Decided 1878-03-10
Cited by 4 later decisions — most recently June 1921
4 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.
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¶1The executrix of the deceased obligor could only be sued separately. She could not have been sued jointly with the surviving obligor. New Haven & Northampton Co. v. Hayden, 119 Mass. 361. The discharge in bankruptcy of the principal did not release the surety. U. S. Rev. Sts. § 5118.
¶2Exceptions overruled.