Main v. King
New York Supreme Court
This case came up on a bill of exceptions to the decision of the circuit judge, the jury having found a verdict of $446,33 for the plaintiff. On the 16th of Dec. 1844, the plaintiff and defendant subscribed an agreement, whereby it was agreed that Main should deliver to King, on the 15th of January, 1845, and King should receive 100 barrels of fresh eggs, to be looked over and made good, at 9 eggs for one shilling.
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This case came up on a bill of exceptions to the decision of the circuit judge, the jury having found a verdict of $446,33 for the plaintiff. On the 16th of Dec. 1844, the plaintiff and defendant subscribed an agreement, whereby it was agreed that Main should deliver to King, on the 15th of January, 1845, and King should receive 100 barrels of fresh eggs, to be looked over and made good, at 9 eggs for one shilling. Then followed these words— “ Under the forfeiture of Thomas Main, paying said King $50 if the eggs are not delivered as above agreed; and, if in case said King refuses to receive…
1Opinion of the Court
By the Court, Mitchell, J.
The ancient notion of the law was, that a -penalty was always the limit of the recovery; and that, accordingly, on a bond, the penalty was the limit, whatever might be the condition of the bond. The same rule still prevails where the obligor is a surety; but it may he that in cases where the face of the bond shows that the defendant owes on his own account, a debt certain in amount at the time of entering into the obligation; and that according to the condition of the bond the amount actually due was justly due, and to exceed the penalty, the whole amount may be…
2Cited by2 opinions
- Kemp v. . Knickerbocker Ice Co.New York Court of Appeals · 1877
- Kemp v. Knickerbocker Ice Co.New York Court of Common Pleas · 1876