¶1orally.—If the giving of the bond was a fraud, it was one of singular character, for it indemnified the intended victim. This suit is not brought upon any illegal contract. There is no ground,. in law or equity, why the plaintiff should not recover. Exceptions overruled.
32 Me. 177
Smith v. Rines
Supreme Judicial Court of Maine
Decided July 1, 1850
Supreme Judicial Court of Maine · decided 1850-07-01
Assumpsit for money paid by plaintiff as surety on a replevin bond. Pillsbury attached goods on a writ against Stover Rines, who procured them to be receipted for. After demand, the receiptors were sued, and their goods were attached. The defendant replevied the last mentioned goods, furnishing the plaintiff and two other persons, as sureties on the replevin bond.
Decided 1850-07-01