Chittenden v. Royal Indemnity Co.

This is an action on a bond, taken from a debtor with sureties in the usual form, to dissolve an attachment on mesne process of the goods and estate of the debtor. At the trial the plaintiff proved the recovery of judgment January 2, 1923, in the action in which the bond was given, for an amount and costs in excess of the penal sum of the bond, against the debtor in said action brought February 23, 1921; testified that “ said judgment had not been satisfied either in whole or in part; ” and rested.

The defendant in support of its answer offered proof that the plaintiff on December 3, 1917,…