Swift v. Crow
Supreme Court of Georgia
Debt, in Whitfield Superior Court. Tried before Judge Trippe, April Term, 1855. This was an action of debt for breach of the covenants of the following bond : “Georgia, Union County: J. Sedgewick Swift having, at my request, yielded up a mortgage given him to secure a note made to him by myself and James Crow, for Two Hundred and Thirty-five Dollars— now in consideration of said accommodation, and the trouble caused to him, I bind myself, my heirs, executors and…
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Debt, in Whitfield Superior Court. Tried before Judge Trippe, April Term, 1855. This was an action of debt for breach of the covenants of the following bond : “Georgia, Union County: J. Sedgewick Swift having, at my request, yielded up a mortgage given him to secure a note made to him by myself and James Crow, for Two Hundred and Thirty-five Dollars— now in consideration of said accommodation, and the trouble caused to him, I bind myself, my heirs, executors and administrators, that I will pay the said Swift, his heirs and assigns, One Hundred Dollars.” “ The condition of this bond is,…
1Opinion of the Court
By the Court.
Starnes,
J. delivering the opinion.
Whether or not the amount that a party to a bond like that before us agrees to pay upon condition, is in the nature of stipulated damages or of a penalty, is frequently a matter of no ■ little difficulty to determine. One thing in this connection seems clearly settled, viz: that the policy of the Courts, is, if' possible, to view such sum as in the nature of a penalty. (Ch. on Con. 862, and see cases there cited.)
Notwithstanding this, if the agreement provide that a certain sum shall be paid in the event of performance or non-performance of a…
2Cited by9 opinions
- Camilla Cotton Oil Company and George M. Perry, Sr. v. Spencer Kellogg and Sons, Inc.Court of Appeals for the Fifth Circuit · 1958
- Mayor of the City of Brunswick v. Ætna Indemnity Co.Court of Appeals of Georgia · 1908
- Floding v. FlodingSupreme Court of Georgia · 1912
- Tudor v. BeathIndiana Court of Appeals · 1921
- Brumby v. BarnardSupreme Court of Georgia · 1878
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