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128 Mass. 211

Barnes v. Chase

Massachusetts Supreme Judicial Court

Decided January 21, 1880

Massachusetts Supreme Judicial Court · decided 1880-01-21

Contract on a bond in the penal sum of $500, executed by Allen M. Norton, as principal, and the defendants as sureties, and conditioned that Norton, who had been accused by the plaintiff of being the father of a bastard child of which she was pregnant, should appear at the time and place named therein and answer to the complaint against him, and abide the order of the court thereon.

Cited by 2 later decisions — most recently May 1900

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1880-01-21

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Endicott, J.

¶1The sureties on the bond could not be held liable for more than the penal sum named in the bond, but that sum was not the limit of the liability of the principal. He was bound to pay, according to the order of the court, “ one hundred dollars in gross forthwith, and two dollars a week afterwards, payable quarterly, till further order.” No other order appears to have been passed, and the bond stood as security for such payment. So long as Norton complied with the terms of the order, the sureties were not liable. When he failed to comply, there was a breach of the bond, and the plaintiff was entitled to judgment for the penalty of the bond. In what sum execution should issue would depend upon the amount due under the order which had not been paid. What portion had been paid by Norton in obedience to the order could not be deducted from the penalty of the bond. The presiding judge found that there was a breach of the bond, upon which judgment should be entered *213for the penal sum named. He therefore properly decided that the amount for which execution should issue was the sum due under the order which the principal had failed to pay.

¶2Exceptions overruled.

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