75 Mass. 374
Massachusetts Supreme Judicial Court
Decided October 15, 1857
Massachusetts Supreme Judicial Court · decided 1857-10-15
Action of contract upon a receipt signed by the defendant, which recited that the plaintiff had delivered to him certain chattels, attached by the plaintiff as deputy sheriff on mesne process in favor of Elizabeth Newhall against Thaddeus Phelps; and concluded thus: “ In consideration thereof, I promise safely to keep the aforesaid property until the said William H. Colwell or his order shall call for it, then to deliver it to him or his order at such a time and place as he…
Decided 1857-10-15
¶1This receipt was an obligation to indemnify the officer, as well as to keep the property. The officer by a demand within thirty days was made liable for the amount of the property, and to that extent was damnified, and the defendant, having delivered the property to the debtor, and thereby dissolved the attachment, is liable. Webster v. Coffin, 14 Mass 196. Lawrence v. Rice, 12 Met. 536.
¶2Judgment for the plaintiff.