Bailey v. Day
Supreme Judicial Court of Maine
Debt on a judgment recovered against the defendants, Day and Farrington, by the plaintiff and his deceased partner, Walter W. Bailey, at the Supreme Judicial Court for the county of Cumberland, November Term, 1837, for $80,27, debt, and $7,86, costs of suit.
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Debt on a judgment recovered against the defendants, Day and Farrington, by the plaintiff and his deceased partner, Walter W. Bailey, at the Supreme Judicial Court for the county of Cumberland, November Term, 1837, for $80,27, debt, and $7,86, costs of suit. The defendants, with the general issue, pleaded by brief statement: — 1. That the judgment had been paid in full before the commencement of the suit. 2. Accord and satisfaction. 3. That the balance due on the judgment, if any, was paid July 5, 1841. The record of the judgment being' shown by the plaintiff, the defendants then introduced…
1Opinion of the Court
The opinion of the Court was prepared by
Tenney J.
— The plaintiff and another person, who is now dead, recovered judgment against the defendants for the sum of $80,27, debt or damage, and of $7,86, costs oí the same *96suit. The present action is upon that judgment, and is defended upon the ground, that the judgment had been fully paid before the commencement of the suit; but if otherwise, it was satisfied by the written acknowledgment by the plaintiff of the receipt of ten dollars, paid July 5, 1841, and a discharge of the judgment.
The receipt, which is in the case, does not show that any sum…
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