Barnes ex rel. Hayes v. Webster
Supreme Court of Missouri
Error to St. Louis Court of Common Fleas. Barnes, to the use of Hayes, brought an action in tbe St. Louis Court of Common Pleas, against Webster, on a penal bond for $1,748, dated April 3d, 1844, reciting that one Ward bad brought a suit by attachment in the United States Circuit Court, against said Barnes, and conditioned that if the said Ward should prosecute his suit with effect, without delay, and should pay all damages that might accrue to the defendant, Barnes, or to…
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Error to St. Louis Court of Common Fleas. Barnes, to the use of Hayes, brought an action in tbe St. Louis Court of Common Pleas, against Webster, on a penal bond for $1,748, dated April 3d, 1844, reciting that one Ward bad brought a suit by attachment in the United States Circuit Court, against said Barnes, and conditioned that if the said Ward should prosecute his suit with effect, without delay, and should pay all damages that might accrue to the defendant, Barnes, or to any garnishee, in consequence of said attachment, that the obligation should be void, otherwise to remain in full force…
1Opinion of the CourtScott, Judge
1. By the common law, when a bond was given for the payment of money, with a defeasance to be void upon the performance of a collateral undertaking, if there was a breach of *264the condition, the whole penalty was forfeited and might be recovered in an action on the bond. Courts of chancery, however, whose province it was to relieve against forfeitures, would restrain the collection of the penalty and compel the plaintiff to receive such damages as he had actually sustained. The statute of 8 and 9 of William III, dispensed with the necessity of resorting to chancery, by requiring the plaintiff…
2Cases cited4 opinions
- United States v. TingeySupreme Court of the United States · 1831
- The United States, in Error v. Phineas Bradley, Surviving Administrator of David Ott DeceasedSupreme Court of the United States · 1836
- Skinner v. PhillipsMassachusetts Supreme Judicial Court · 1808
- Spencer v. WatkinsonSupreme Court of Connecticut · 1835
3Cited by26 opinions
- Henoch v. ChaneySupreme Court of Missouri · 1875
- Sheppard & Morgan v. CollinsSupreme Court of Iowa · 1862
- La Crosse Lumber Co. v. SchwartzMissouri Court of Appeals · 1912
- State ex rel. McKown v. WilliamsSupreme Court of Missouri · 1883
- People ex rel. Hubbard & Moffitt Commission Co. v. CochraneSupreme Court of Missouri · 1915
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