Crawford-Plummer Co. v. McCarthy
Massachusetts Supreme Judicial Court
Contract upon a judgment for $72.33. Writ in the Municipal Court of the City of Boston dated May 10, 1915. The action was tried in the Municipal Court upon an agreed statement of facts from which it appeared that, upon the judgment which is the foundation of this action, the defendant under R. L. c. 168, § 18, was cited into the poor debtor session of the court and there was defaulted and a certificate authorizing his arrest upon the execution was issued; that he then was…
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Contract upon a judgment for $72.33. Writ in the Municipal Court of the City of Boston dated May 10, 1915. The action was tried in the Municipal Court upon an agreed statement of facts from which it appeared that, upon the judgment which is the foundation of this action, the defendant under R. L. c. 168, § 18, was cited into the poor debtor session of the court and there was defaulted and a certificate authorizing his arrest upon the execution was issued; that he then was arrested and entered into a recognizance under R. L. c. 168, § 30; that he committed a breach of the recognizance in that…
1Opinion of the CourtCarroll, J.
The plaintiff recovered judgment against the defendant. He was arrested on execution and entered into a recognizance to the plaintiff with surety, under R. L. c. 168, *351§ 30. He committed a default by failing to deliver himself up for examination within thirty days from his arrest.
The plaintiff sued the surety on the recognizance and recovered judgment against him, which has not been satisfied. This action is on the original judgment. The question for decision is, Did the recognizance so far satisfy and discharge the original judgment that the plaintiff’s only remedy is upon the recognizance?
Whi…
2Cases cited11 opinions
- Chase v. ChaseMassachusetts Supreme Judicial Court · 1870
- Morgan v. CurleyMassachusetts Supreme Judicial Court · 1886
- Raymond v. ButterworthMassachusetts Supreme Judicial Court · 1885
- Hale v. AngelNew York Supreme Court · 1823
- Moore v. LoringMassachusetts Supreme Judicial Court · 1871
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3Cited by3 opinions
- Hahn v. LokerMassachusetts Supreme Judicial Court · 1918
- National Surety Co. v. ReedMassachusetts Supreme Judicial Court · 1928
- Chittenden v. Royal Indemnity Co.Massachusetts Supreme Judicial Court · 1924