Chicago House-Wrecking Co. v. United States
Court of Appeals for the Seventh Circuit
In Error to the Circuit Court of the United States for the Northern District of Illinois. The facts in this case are very fully and fairly stated in the brief of counsel for plaintiffs in error as follows: On the 5th day of August, 1897, the defendant in error instituted an action in debt in the circuit court of the United States for the Northern district of Illinois against the plaintiffs in error herein on a bond executed by them to the defendant in error for $20,000, and…
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In Error to the Circuit Court of the United States for the Northern District of Illinois. The facts in this case are very fully and fairly stated in the brief of counsel for plaintiffs in error as follows: On the 5th day of August, 1897, the defendant in error instituted an action in debt in the circuit court of the United States for the Northern district of Illinois against the plaintiffs in error herein on a bond executed by them to the defendant in error for $20,000, and dated the 28th day of December, A. D. 1896, and conditioned that if the plaintiff in error the “Chicago House Wrecking…
1Opinion of the Court 1
Upon the foregoing statement of facts,
2Opinion of the Court · BunnBunn, District Judge
We think it was error to direct a verdict for the full amount of $20,000, the amount named in the bond, without requiring evidence of actual damages sustained. Such a claim would seem to savor more of the pound of flesh and "due and forfeit of my bond” rule than of the spirit of modern equity. Unless it be clear that the case is one where it would be difficult or impossible to assess the actual damages from testimony given, the court should construe the amount named in the bond or contract as a penalty, although the parties have chosen to call it…
3Cases cited28 opinions
- Jaquith v. HudsonMichigan Supreme Court · 1858
- Foley v. McKeeganSupreme Court of Iowa · 1856
- Lyman v. BabcockWisconsin Supreme Court · 1876
- Lampman v. . CochranNew York Court of Appeals · 1857
- Daily v. LitchfieldMichigan Supreme Court · 1862
23 more not listed; retrieve them via the Exa API.
4Cited by10 opinions
- Poinsettia Dairy Products, Inc. v. the Wessel Co.Supreme Court of Florida · 1936
- Evans v. MoseleySupreme Court of Kansas · 1911
- Archie Bradsher Davis v. Peerless Insurance Co.Court of Appeals for the D.C. Circuit · 1958
- Wood v. Niagara Falls Paper Co.Court of Appeals for the Second Circuit · 1903
- Northwestern Terra Cotta Co. v. CaldwellCourt of Appeals for the Eighth Circuit · 1916
5 more not listed; retrieve them via the Exa API.