Leonard v. Whitney
Massachusetts Supreme Judicial Court
Contract, against Nancy G. Whitney as principal, and Joel Allen and three other men as sureties, on a replevin bond. On October 28, 1867, Whitney and twenty-eight other women replevied a quantity of household furniture from this plaintiff, and on the same day they as principals, with these male defendants as sureties, executed to him the bond in suit.
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Contract, against Nancy G. Whitney as principal, and Joel Allen and three other men as sureties, on a replevin bond. On October 28, 1867, Whitney and twenty-eight other women replevied a quantity of household furniture from this plaintiff, and on the same day they as principals, with these male defendants as sureties, executed to him the bond in suit. The action of replevin was referred by a rule of the superior court to an arbitrator, who on December 21, 1868, returned into court this award: “ The undersigned, referee appointed by the above rule, having on the 18th day of December 1868 met…
1Opinion of the CourtColt, J.
The defendants’ refusal to return the replevied property, in compliance with the order of the court in the original action, was a breach of the condition of the bond, and judgment must now be for the penalty, although execution can be awarded only for such sum, to be ascertained by the court, as is due in equity and good conscience. Gen. Sts. c. 133, § 10. It is upon the plaintiff to show how much of the penal sum is thus due and payable. Austin v. Moore, 7 Met. 116, 124. This is ordinarily done by proving the actual value of the property replevied. The bond stands in the place of the…
2Cases cited3 opinions
- Stevens v. TuiteMassachusetts Supreme Judicial Court · 1870
- Scrugham v. CarterNew York Supreme Court · 1834
- Barry v. O'BrienMassachusetts Supreme Judicial Court · 1870
3Cited by22 opinions
- In re KeohaneMassachusetts Supreme Judicial Court · 1901
- Graham v. MeddlebyMassachusetts Supreme Judicial Court · 1913
- Quinlan v. JonesWyoming Supreme Court · 1921
- Nelson v. SandersonMassachusetts Supreme Judicial Court · 1934
- Ferris v. JohnsonMichigan Supreme Court · 1904
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