Massachusetts Supreme Judicial Court November 15, 1852 (Johnson v. Mills)

Metcalf, J.

A new trial must be ordered, in consequence of the instructions that were given to the jury. They should have been instructed, we think, as follows: If Mills carried the money to the plaintiff, and would have paid it to him, on his requiring payment, but the plaintiff thereupon made an agreement with him, without the consent or knowledge of his sureties, that he might keep back the