Massachusetts Supreme Judicial Court, 1806

Whiting v. Hollister

Whiting v. Hollister
Massachusetts Supreme Judicial Court · Decided September 15, 1806
2 Mass. 102

Whiting v. Hollister

Opinion of the Court

The Court

denied the motion, because this provision was made for the security of the defendant, which, if he pleased, he might waive; and if, at the term the writ is returned, he does not except to the want of an endorser, either by a plea in abatement, or perhaps by moving the Court to nonsuit the plaintiff, he must be considered as having waived the security provided for his benefit. (a)

Gilbert & Al. vs. The Nantucket Bank, 5 Mass. Rep. 97.—Martin vs. Commonwealth, 1 Mass. Rep. 347.— Coffin vs. Jones, 5 Pick. 61.— Rathbone vs. Rathbone, 4 Pick. 89.

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