Bagley v. Peddie
The Superior Court of New York City
This was an action upon a sealed instrument, by which the defendants agreed to pay to the plaintiff the sum of $3000, as stipulated damages for the breach of any one of the covenants contained in an agreement, bearing the same date, between the defendant, Charles B. Peddie, and the plaintiff.
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This was an action upon a sealed instrument, by which the defendants agreed to pay to the plaintiff the sum of $3000, as stipulated damages for the breach of any one of the covenants contained in an agreement, bearing the same date, between the defendant, Charles B. Peddie, and the plaintiff. The complaint assigned several breaches by the defendant, 0. B. Peddie, upon which issue was joined, and the cause was tried before Mr. Justice Paine and a jury, in June, 1850. After the evidence applicable to the issues was closed upon both sides, the judge dismissed the complaint, upon the ground that…
1Opinion of the Court
By the Court.
Sandford, J.
The courts have leaned very hard in favor of construing covenants of this kind to be in the nature of penalties, instead of damages, fixed and stipulated between the parties ; and,' in so doing, have established certain rules, which will serve to guide us in determining this case. It may, perhaps, be justly said, that in this struggle to relieve parties from what, on a different construction, would be most *194improvident and absurd agreements, the courts have sometimes gone very far towards making new contracts for them, somewhat varied from the stipulations, which,…
2Cases cited2 opinions
- Knapp v. MaltbyNew York Supreme Court · 1835
- Smith v. SmithNew York Supreme Court · 1830
3Cited by15 opinions
- Foley v. McKeeganSupreme Court of Iowa · 1856
- Curtis v. . Van BerghNew York Court of Appeals · 1899
- March v. AllaboughSupreme Court of Pennsylvania · 1883
- Berrinkott v. TraphagenWisconsin Supreme Court · 1875
- Brennan v. ClarkNebraska Supreme Court · 1890
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