Legal Opinion

Gage v. Gannett

Massachusetts Supreme Judicial Court

Decided May 15, 1814PublishedCited by 5 opinions

This was an action of debt brought by the plaintiff, as treasurer of the county of Kennebeck against Gannett, as clerk of the Court of Sessions for the same county, and the other defendants as his sureties, upon a bond prescribed by the statute of 1795, c. 80, $ 2, dated July 18, 1799, conditioned that the said Gannett should account for on oath, and pay to the treasurer of said [ * 218 ] county, from time to time, the * sum of four dollars for each person who should be…

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This was an action of debt brought by the plaintiff, as treasurer of the county of Kennebeck against Gannett, as clerk of the Court of Sessions for the same county, and the other defendants as his sureties, upon a bond prescribed by the statute of 1795, c. 80, $ 2, dated July 18, 1799, conditioned that the said Gannett should account for on oath, and pay to the treasurer of said [ * 218 ] county, from time to time, the * sum of four dollars for each person who should be licensed to be an innholder in the county, within one month after he, the said clerk, should receive the same. It was…

1Per curiam

Had the condition of this bond been for the payment of interest after the months had expired, the penalty would have been forfeited, notwithstanding the plaintiff’s acceptance of the principal. But here it is but an incident in the nature of damages ; and the principal having been paid and accepted, the penalty is saved, (a)

Plaintiff nonsuit.

See Bond vs. Cutler, 10 Mass. Rep. 419. — Harris vs. Clapp, 1 Mass. Rep. 308. — Pitts vs. Tilden, 2 Mass. Rep. 118. — Farquhar vs. Morrison, 7 D. & E. 124.— M’ Gill vs. Bank U. S. 12 Wheat. 511. — Page vs. Newman, 9 B. & C. 381. — Foster & Al. vs. Weston,…

2Cases cited4 opinions

  1. Newson's Adm'r. v. DouglassCourt of Appeals of Maryland · 1826
  2. McGill v. Bank of United StatesSupreme Court of the United States · 1827
  3. Bond v. CutlerMassachusetts Supreme Judicial Court · 1813
  4. Sneed and Others, in Error v. Wister and Others, in ErrorSupreme Court of the United States · 1823

3Cited by5 opinions

  1. Davis v. HarringtonMassachusetts Supreme Judicial Court · 1894
  2. Trovillo v. TilfordSupreme Court of Pennsylvania · 1837
  3. Hogins v. ArnoldMassachusetts Supreme Judicial Court · 1834
  4. Morton v. Godfrey L. Cabot, Inc.West Virginia Supreme Court · 1949
  5. Warner v. BaconMassachusetts Supreme Judicial Court · 1857

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