Abbott v. Osgood
Supreme Court of New Hampshire
Debt, upon a judgment rendered in the Court of Common Pleas for this county, March term, 1857. The defendant pleaded that an execution had issued upon said judgment, and thereupon the defendant had been arrested and committed to jail, and that afterward the plaintiffs voluntarily discharged the defendant from confinement, and he was suffered to go at large.
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Debt, upon a judgment rendered in the Court of Common Pleas for this county, March term, 1857. The defendant pleaded that an execution had issued upon said judgment, and thereupon the defendant had been arrested and committed to jail, and that afterward the plaintiffs voluntarily discharged the defendant from confinement, and he was suffered to go at large. The plaintiffs replied to this, that said discharge, and suffering the defendant to go at large, were on the express condition that the debt and judgment aforesaid should not be discharged. To this replication the defendant demurred, and…
1Opinion of the CourtFowler, J.
It is admitted by the demurrer in this case, that the defendant was discharged by the plaintiffs from imprisonment on an execution issued upon the judgment now in suit, upon the express condition that the debt in said judgment and the judgment itself should not thereby be discharged. The plaintiffs contend, that, at common law, a discharge under such circumstances would not invalidate the debt or judgment, and have referred us to the cases of Vigers v. Aldrich, 4 Burr. 2482, and Little v. Newburyport Bank, 14 Mass. 443, as sustaining their position. An examination of these cases has failed to…
2Cases cited1 opinion
- Little v. President of Newburyport BankMassachusetts Supreme Judicial Court · 1817