Ruggles v. Bernstein

Hammond, J. The evidence excluded related to defences which could have been set up in the original action. No fraud or collusion being shown, the judgment rendered against the principal was conclusive evidence of the debt thereby ascertained, both against her and against the surety. Cutter v. Evans, 115 Mass. 27. Way v. Lewis, 115 Mass. 26, and cases there cited. Exceptions overruled.