Massachusetts Supreme Judicial Court November 15, 1871 (Holmes v. Day)

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United States · · · 15-11-1871

Mobton, 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.

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