Basye v. Ambrose
Supreme Court of Missouri
Error to Callaway Circuit Cowrt. This was a suit instituted by Basye on a certain bond executed by the defendant Ambrose, in favor of said Basye and one Bachman.' The latter had assigned his interest in the contract to the plaintiff. The bond is sufficiently set forth below in the opinion of the court. Evidence was given bearing upon the question of the breach of the bond by the defendant.
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Error to Callaway Circuit Cowrt. This was a suit instituted by Basye on a certain bond executed by the defendant Ambrose, in favor of said Basye and one Bachman.' The latter had assigned his interest in the contract to the plaintiff. The bond is sufficiently set forth below in the opinion of the court. Evidence was given bearing upon the question of the breach of the bond by the defendant. The court, among other instructions given and refused, gave the following at the instance of the defendant: “ The amount specified in the bond read in evidence is not liquidated damages, but a penalty; and…
1Opinion of the CourtScott, Judge
As none of the evidence is preserved in the.bill of exceptions but that which related to the breaches of the condition of the bond, the instructions given and refused concerning other matters can not be reviewed in this court, as, for any thing that appears, they have been rejected as irrelevant, not being warranted by the testimony. The main point presented for our consideration is whether the sums stipulated to be paid by the defendant for a violation of the condition of the bond was a penalty or liquidated damages.
They mistake the object and temper of our system of jurisprudence who, while…
2Cases cited1 opinion
- Whitney v. StateSupreme Court of Missouri · 1843
3Cited by18 opinions
- Hooper v. Savannah & Memphis RailroadSupreme Court of Alabama · 1881
- Condon v. KemperSupreme Court of Kansas · 1891
- Long v. TowlSupreme Court of Missouri · 1868
- Thompson v. St. Charles CountySupreme Court of Missouri · 1910
- Morse v. RathburnSupreme Court of Missouri · 1868
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