Holmes v. Day
Massachusetts Supreme Judicial Court
Contract against the surety in a recognizance taken by a magistrate under the Gen. Sts. e. 124, § 10. Writ dated November 1, 1870. The parties stated the following case to the superior court: “ On August 12, 1869, William A. Holmes brought an action of contract against William S. Matthews, and caused the attachment upon mesne process of certain personal property belonging to Matthews.
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Contract against the surety in a recognizance taken by a magistrate under the Gen. Sts. e. 124, § 10. Writ dated November 1, 1870. The parties stated the following case to the superior court: “ On August 12, 1869, William A. Holmes brought an action of contract against William S. Matthews, and caused the attachment upon mesne process of certain personal property belonging to Matthews. On August 18, the attachment was dissolved by Matthews giving bond, with John E. Maynard and George W. Calef as sureties. Holmes recovered judgment against Matthews in this suit, at April term 1870 of the…
1Opinion of the CourtMobton, J.
If a judgment debtor, who has been arrested upon execution, and has entered into a recognizance with surety under the Gen. Sts. <?. 124, pays the judgment, the surety is thereby discharged. Payment of the judgment in full is a satisfaction for all damages for a breach of the recognizance, and no cause of action remains against the surety. In the case at bar, there were three joint judgment debtors; one of them was arrested on the execution, and entered into a recognizance, with the defendant as surety, and after a breach of the recognizance the *565other two paid the judgment in full. As a…
2Cases cited2 opinions
- Hammatt v. WymanMassachusetts Supreme Judicial Court · 1812
- Brackett v. WinslowMassachusetts Supreme Judicial Court · 1821
3Cited by5 opinions
- Perry v. OliverMassachusetts Supreme Judicial Court · 1945
- Opp v. WardIndiana Supreme Court · 1890
- National Security Bank v. HunnewellMassachusetts Supreme Judicial Court · 1878
- Green v. Justices of the Municipal Court of the BostonMassachusetts Supreme Judicial Court · 1919
- Marsh v. BenedictNew York Supreme Court · 1878