Cook v. Tousey
New York Supreme Court
Allowance of interest beyond penalty of bond. At the last Saratoga circuit, a verdict was taken for the amount of the penalty of a bond declared on in an action of debt, and for nominal damages. The bond was dated 22d January, 1806, in the penal sum of $180, conditioned for the payment of $90 with interest.
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Allowance of interest beyond penalty of bond. At the last Saratoga circuit, a verdict was taken for the amount of the penalty of a bond declared on in an action of debt, and for nominal damages. The bond was dated 22d January, 1806, in the penal sum of $180, conditioned for the payment of $90 with interest. The principal and interest exceeded the penalty $60,95, and a question was now submitted whether the taxing officer was authorized to tax the same with the costs of the suit.
1Opinion of the Court
By the Court,
Marcy, J.
Where the principal and interest due on a bond exceed the penalty, the jury ought to give ^ excess in damages. (Buller’s N. P. 178.) This rule was adopted by this court in Smedes v. Houghtaling, (3 Caines’ R. 48,) where a verdict rendered for the full amount of the principal and interest of a bond, though the interest exceeded the penalty, was permitted to stand. The plaintiff here has erred in taking a verdict for nominal damages only, if he wished to recover beyond the penalty of the bond ; he *445should have asked an assessment of damages by the jury for the detention of…
2Cases cited1 opinion
- Livingston v. DelafieldNew York Supreme Court · 1805
3Cited by5 opinions
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