Legal Opinion

Davis v. Harding

Massachusetts Supreme Judicial Court

Decided January 15, 1862PublishedCited by 1 opinion

Contract upon a replevin bond, given in a suit in which judgment was rendered for the defendant therein, and a return of the goods replevied was ordered, but never made. • At the trial in the superior court, the defendants offered to prove that Harding, who was the plaintiff in the replevin suit, failed therein solely because it was prematurely commenced; but Putnam, J. rejected the evidence, and a verdict was returned for the plaintiff for the penalty of the bond.

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Contract upon a replevin bond, given in a suit in which judgment was rendered for the defendant therein, and a return of the goods replevied was ordered, but never made. • At the trial in the superior court, the defendants offered to prove that Harding, who was the plaintiff in the replevin suit, failed therein solely because it was prematurely commenced; but Putnam, J. rejected the evidence, and a verdict was returned for the plaintiff for the penalty of the bond. The defendants alleged exceptions, and the parties agreed to a subsequent assessment of damages by the court, if the ruling…

1Opinion of the CourtDewey, J.

If the question here raised was as to the competency of the proposed evidence as a defence in bar to the action, the ruling of the court was certainly right. The termination of the proceedings in the previous case in an order of the court for a return of the property, and the admitted fact that the goods replevied had not been returned, entitle the plaintiff to recover for breach of the condition of the bond; and it being a penal bond, the judgment would be for the penal sum ; but execution is only to issue for such sum as shall be ascertained by the court to be due in equity and good…

2Cases cited2 opinions

  1. Mattoon v. PearceMassachusetts Supreme Judicial Court · 1815
  2. Flagg v. TylerMassachusetts Supreme Judicial Court · 1809

3Cited by1 opinion

  1. Bradley v. StateSupreme Court of Florida · 1884

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