National Security Bank v. Hunnewell
Massachusetts Supreme Judicial Court
Contract, against Francis Hunnewell and John L. Hunnewell, on a recognizance entered into under the Gen. Sts. e. 124, § 10, by the first named defendant as principal, and the other as surety, and conditioned that Francis Hunnewell, who had been arrested on an execution in favor of the plaintiff, should, within thirty days from the time of his arrest, deliver himself up for examination before some magistrate authorized to act, giving notice of the time and place thereof in…
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Contract, against Francis Hunnewell and John L. Hunnewell, on a recognizance entered into under the Gen. Sts. e. 124, § 10, by the first named defendant as principal, and the other as surety, and conditioned that Francis Hunnewell, who had been arrested on an execution in favor of the plaintiff, should, within thirty days from the time of his arrest, deliver himself up for examination before some magistrate authorized to act, giving notice of the time and place thereof in the manner provided by law, and appear at the time fixed for his examination, and from time to time until the same was…
1Opinion of the CourtMorton, J.
We are of opinion that the learned justice who presided in the Superior Court erred in rejecting the evidence offered by the defendants, that the judgment in favor of the plaintiff had been paid in full before the alleged breach of the recognizance. Payment of the judgment by any of the joint judgment debtors would operate as a discharge of the judgment as to all. Holmes v. Day, 108 Mass. 563. After such payment, there was no occasion for the debtor to appear before the magistrate according to the terms of his recognizance. The magistrate could not proceed with the examination, and the…
2Cases cited1 opinion
- Holmes v. DayMassachusetts Supreme Judicial Court · 1871
3Cited by3 opinions
- Everett v. HendersonMassachusetts Supreme Judicial Court · 1890
- Snyder v. MaloneWisconsin Supreme Court · 1905
- Brooks v. NealMassachusetts Supreme Judicial Court · 1916