Hodges v. Suffelt
New York Supreme Court
Yan Yeciiten moved to set aside the judgment and execution in this cause, and for the costs of this action, in favor of the defendant. It was an action of debt on a bond, with a penalty, conditioned for the performance of covenants. The defendant pleaded performance, and at the trial the jury gave a verdict for site cents damages. A judgment was entered for the penalty with full costs, and execution issued to levy the six cents, with the full costs.
1Per curiam
The act, (see Rev. Laws, vol. 1, p. 349, 24 sess. c. 90,) is compulsory on the plaintiff in all cases within it. (2 Wils. 377. Cowp. 357. 5 Term Rep. 538, 540 to 636. 8 Term Rep. 127.) The jury, in this case, ought, therefore, to have assessed six cents damages for the detention of the debt, and that, on a judgment for the penalty, would have entitled the plaintiff to costs, and also damages for the breaches of the covenant under the act. It is understood that the six cents damages was meant by the jury for the breaches. If so, and the other six cents being of course, the judgment, in form,…
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