Warner v. Thurlo
Massachusetts Supreme Judicial Court
Debt on a replevin bond, in the penalty of 50 dollars. The now plaintiff, who was defendant in the original suit, had judgment for a return of the goods replevied, which had been valued at 25 dollars, and for his damages, assessed at 7 dollars 49 cents, with costs taxed at 72 dollars 29 cents. The goods had not been returned, having been converted by Thurlo to his own use.
Read the full summary
Debt on a replevin bond, in the penalty of 50 dollars. The now plaintiff, who was defendant in the original suit, had judgment for a return of the goods replevied, which had been valued at 25 dollars, and for his damages, assessed at 7 dollars 49 cents, with costs taxed at 72 dollars 29 cents. The goods had not been returned, having been converted by Thurlo to his own use. The question was, for what sum judgment should be rendered in the present action ; the plaintiff claiming the value of his goods, the amount of his damages and costs, and interest on the whole from the rendition of the…
1Per curiam
It was decided, in the case of Harris vs. Clap & Al., that, in a suit upon a bond, damages may be recovered beyond the penalty, so as not to exceed interest on the penalty from the commencement of the action. Further than that, no case decided in this commonwealth will be found to have gone; and by the latest decisions in England, it seems that nothing beyond the penalty can be recovered.
The surety in a bond may be supposed to know that he is responsible, to the amount of the penalty and the interest, provided a breach of the condition will amount to so much in damages; add he cannot complain…
2Cases cited2 opinions
- Burrill v. PhillipsU.S. Circuit Court for the District of Rhode Island · 1812
- Bank of the United States v. MagillU.S. Circuit Court for the District of Connecticut · 1824
3Cited by17 opinions
- George H. Sampson Co. v. CommonwealthMassachusetts Supreme Judicial Court · 1909
- Bassett v. Fidelity & Deposit Co.Massachusetts Supreme Judicial Court · 1903
- Rogers v. AbbotMassachusetts Supreme Judicial Court · 1910
- Harmon v. WestonMassachusetts Supreme Judicial Court · 1913
- Mower v. KipNew York Court of Chancery · 1836
12 more not listed; retrieve them via the Exa API.