Bond v. Cutler
Massachusetts Supreme Judicial Court
Debt on bond for 1200 dollars, the condition of which, upon oyer had, recites that the plaintiff, at the S. J. Court in this county, October term, 1809, obtained a verdict against the defendant for 740 dollars damage and 147 dollars 72 cents costs; and the defendant had moved for a new trial of the action ; “ if the said motion should be overruled by the Court, and a new trial be refused; if he, the said C., shall pay to the said B. the amount of such damages and costs, with…
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Debt on bond for 1200 dollars, the condition of which, upon oyer had, recites that the plaintiff, at the S. J. Court in this county, October term, 1809, obtained a verdict against the defendant for 740 dollars damage and 147 dollars 72 cents costs; and the defendant had moved for a new trial of the action ; “ if the said motion should be overruled by the Court, and a new trial be refused; if he, the said C., shall pay to the said B. the amount of such damages and costs, with interest; and in case a new trial shall be granted him, the said C., he shall prosecute the same, and shall answer and…
1Opinion of the Court
Curia.
The defendant has not alleged, in his plea in bar, that he paid the amount of the judgment recovered against him in satis-' faction of the bond; but that he paid it by compulsion [*421] upon the execution. This, the plaintiff says, * was no performance of the condition, and insists that payment should have been made before action brought, that the condition might be saved at law. And there would be great force in this *417point, if any thing remained due. The plaintiff says, indeed, that he is entitled, in equity, to recover in' this action interest on the judgment, from its rendition to its…
2Cited by5 opinions
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