Bullen v. Dresser
Massachusetts Supreme Judicial Court
Contract on a recognizance entered into by Nicholas B. Dresser as principal, and Robert P. Sargent as surety. The case was submitted to the Superior Court, and, after judgment for the defendants, to this court on appeal, on an agreed statement of facts, the nature of which appears in the opinion. It also appeared that the due bill given by Dresser to the plaintiff was not paid, and that this action was brought after it became due.
1Opinion of the CourtWells, J.
The plaintiff, having obtained judgment against Dresser, caused him to be arrested upon the execution issue»! *268thereon. Dresser entered into a recognizance, with the other defendant as surety, with condition to deliver himself up £)r examination within thirty days thereafter. A short time before the expiration of the thirty days the plaintiff accepted from Dresser an agreement for payment of a sum, slightly less than the amount due on the execution, in six months after date ; and gave a receipt declaring it to be “ in full discharge of all proceedings under said execution, provided the said…
2Cited by1 opinion
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