CREED v. APOG


377 Mass. 522 (1979)

386 N.E.2d 1273

DAVID P. CREED & others vs. KRIST E. APOG & others.

Supreme Judicial Court of Massachusetts, Middlesex.

March 14, 1979.


Attorney(s) appearing for the Case

Douglas P. Woodlock for the defendants.

Virginia A. Bonesteele for the plaintiffs.

Present: QUIRICO, BRAUCHER, KAPLAN, WILKINS, & LIACOS, JJ.


QUIRICO, J.

The defendants in this case provided a surety company bond to dissolve an attachment which the plaintiffs had placed on their property. The defendants prevailed on the merits and sought to recover as part of their costs the sum of $19,500 which they had expended, in addition to the surety company premiums, in procuring a letter of credit which the company required as collateral before issuing the bond. A judge of the Superior Court ruled that as matter...

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