Carter v. Carter
Supreme Court of Connecticut
WRIT of error. This was a scire facias on a judgment in debt on bond. The penalty of the bond was 500 dollars. The condition was for the payment of 100 dollars annually to . . Mary Carter, during her life, and the lawful interest for any sum after the same should become due.
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WRIT of error. This was a scire facias on a judgment in debt on bond. The penalty of the bond was 500 dollars. The condition was for the payment of 100 dollars annually to . . Mary Carter, during her life, and the lawful interest for any sum after the same should become due. The bond was dated the 1st of October, 1799. The first instalment became due on the 6th of September, 1800; soon after which, a judgment was obtained on the bond, and execution issued for the instalment then due. Four other instalments, with the interest which had accrued on them, were afterwards recovered by scire…
1Opinion of the Court
By the Court.
The contract of the parties is only' to pay the penalty, in case of failure to perform the conditions annexed to it; and the court cannot extend such contract beyond its obvious meaning, for the sake of doing some supposed equity to the obligee.
The statute regulating pivil actions gives the courts power to render judgment for less than the penalty, where justice requires it, but was not intended to authorize the court, in any case, to give more.
The penalty becomes forfeited, however, on the first breach; and as it then becomes a debt due unconditionally to the obligee, the court…
2Cited by14 opinions
- State ex rel. Moore v. SanduskySupreme Court of Missouri · 1870
- Wyman v. RobinsonSupreme Judicial Court of Maine · 1882
- Lewis v. DwightSupreme Court of Connecticut · 1834
- American Surety Co. v. Pacific Surety Co.Supreme Court of Connecticut · 1908
- United Construction Workers v. H. O. Canfield Co.Connecticut Superior Court · 1955
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