Legal Opinion

Marvin v. Bell

Supreme Court of Vermont

Decided January 15, 1869PublishedCited by 2 opinions

Debt on bond. Plea, the general issue. Trial by jury, April term, 1867, Wilson, J., presiding. The plaintiff offered the bond declared on. Its execution was admitted by tlie defendant, and the bond was read to the jury without objection. The plaintiff introduced testimony tending to show several breaches of the bond between the date of it and the commencement of this suit. The defendant’s testimony tended to show the contrary.

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Debt on bond. Plea, the general issue. Trial by jury, April term, 1867, Wilson, J., presiding. The plaintiff offered the bond declared on. Its execution was admitted by tlie defendant, and the bond was read to the jury without objection. The plaintiff introduced testimony tending to show several breaches of the bond between the date of it and the commencement of this suit. The defendant’s testimony tended to show the contrary. The plaintiff offered to show breaches of the bond which occurred after the suit was commenced, and claimed he was entitled to recover prospective damages, to which…

1Opinion of the Court

The opinion of the court was delivered by

Pierpoint, C. J.

The exceptions show that both parties excepted to decisions of the court below, but the plaintiff having-waived his exceptions upon the record, the case comes here upon the defendant’s exceptions alone; and the only question raised is as to the correctness of the action of the court in 'rendering judgment for the whole penalty of the bond declared upon, and ordering that execution issue only for the damages assessed by the jury.

*609The defendant insists that the judgment for the whole penalty was erroneous, because it does not appear that…

2Cases cited1 opinion

  1. Williams v. WillsonSupreme Court of Vermont · 1828

3Cited by2 opinions

  1. United States ex rel. Stanstead Granite Quarries Co. v. United States Fidelity & Guaranty Co.Supreme Court of Vermont · 1906
  2. Corson v. DunlapSupreme Judicial Court of Maine · 1890

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