Davis v. Harding
Massachusetts Supreme Judicial Court
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
- Mattoon v. PearceMassachusetts Supreme Judicial Court · 1815
- Flagg v. TylerMassachusetts Supreme Judicial Court · 1809
3Cited by1 opinion
- Bradley v. StateSupreme Court of Florida · 1884