Harris v. Clap
Massachusetts Supreme Judicial Court
This was an action of debt on a bond, bearing date the 3d day of November, 1797, in which the defendants were jointly and severally bound to the plaintiff in the penal sum of $5000; to which there was a condition, that whereas the said Harris and Clap had, on the day of the date of the bond, mutually chosen A, B, and C, to arbitrate, determine, and award, concerning the demands of said Clap against said- Harris for the carpenter’s work done on his new house in Boston, and…
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This was an action of debt on a bond, bearing date the 3d day of November, 1797, in which the defendants were jointly and severally bound to the plaintiff in the penal sum of $5000; to which there was a condition, that whereas the said Harris and Clap had, on the day of the date of the bond, mutually chosen A, B, and C, to arbitrate, determine, and award, concerning the demands of said Clap against said- Harris for the carpenter’s work done on his new house in Boston, and concerning other matters between the said parties, specially stated in writing and annexed to their agreement of reference…
1Opinion of the Court
Thacher, J.,
said he had no doubt that the Court might go beyond the sum of the penalty of a bond, by allowing as damages for the detention of the debt, the interest upon the penalty ; that in the present case he was of opinion the award had its force from the acceptance of it in the Court of Common Pleas, and judgment thire upon it; that as that judgment would draw interest, so also * ought the bond after 120 days had expired from [ * 313 ] .the rendition of the judgment.
Sewall, J.
The question for the consideration of the Court is whether judgment may be entered for an amount exceeding the…
2Cases cited5 opinions
- In re ClohertyWashington Supreme Court · 1891
- State of New York v. State of Connecticut Et Al.Supreme Court of the United States · 1799
- Carter v. CarterSupreme Court of Connecticut · 1809
- Smedes v. HooghtalingNew York Supreme Court · 1805
- Fairlie v. LowsonNew York Supreme Court · 1826
3Cited by1 opinion
- Foster v. Kerr & Houston, Inc.Supreme Judicial Court of Maine · 1935