Massachusetts Supreme Judicial Court, 1872

Yale v. Wheelock

Yale v. Wheelock
Massachusetts Supreme Judicial Court · Decided March 15, 1872
109 Mass. 502

Yale v. Wheelock

Opinion of the Court

By the Court.

The defendant, Abigail A. Wheelock, was the wife of the principal, and executed the bond as his surety, without any consideration received by her, or any reference to her separate estate. Therefore she is not liable.

The defendant Doane executed the bond with his principal and co-surety, and the co-surety is described in the bond as the wife of the principal. Thus he was informed of the facts, and is liable.

By agreement of parties the plaintiff is to discontinue as to Abigail A. Wheelock, and Doane is to be defaulted.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.