Alendorf v. Stickle
New York Supreme Court
Debt, on the penalty of a bond for $3000, conditioned for the payment of $1500, and the performance of other acts; with a partial assignment of breaches. Plea, non est factum, with notice of set off, of accounts. The cause being referred, the referees reported a balance of only 13 dollars due to the plaintiff, who filed the report, and entered a rule for judgment, upon the penalty.
1Opinion of the Court
Curia.
The plaintiff must take costs according to his judgment, which is for the penalty. Godfrey v. Vancott, 13 John. 345.) It is peculiarly proper, in this case, that it *413should be so, for the bond is conditioned, among other things, to perform covenants; and the judgment ought to stand as security for further breaches. It would have been otherwise, had it been merely for the payment of money. (Van Antwerp v. Ingersoll, 2 Caines’ Rep. 107. 1 R. L. 515, 516.)
Motion denied.
2Cases cited1 opinion
- Godfry v. VancottNew York Supreme Court · 1816
3Cited by1 opinion
- Syracuse City Bank v. CovilleNew York Supreme Court · 1860