WILKINS, C.J.
On February 24, 1953, the plaintiff recovered a judgment for $5,493.55 against the defendant Bililies (hereinafter called the defendant) in the Superior Court. On May 23, 1955, when the judgment with interest of $739.22 amounted to $6,232.77, the defendant paid the plaintiff $5,000, leaving a balance of $1,232.77 and costs. The foregoing facts are alleged in the bill and admitted in the defendant's answer. Bancroft v. Cook, 264 Mass. 343...
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