Fairlie v. Lowson
New York Supreme Court
In debt on bond, conditioned for the maintenance of a J>astard child, in the penalty of $400, the plaintiffs assigned breaches according to the statute, (1 R L. 518.) The defendants, (one of whom was a surety,) pleaded payment $^64 25, and non damnijicatus beyond that sum. The defendants proving payment according to their plea, the C(yurt hcM that the plaintiffs could recover only $135 75, though they proved damages beyond this, over and above . 7, . . .. what had been paid.
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In debt on bond, conditioned for the maintenance of a J>astard child, in the penalty of $400, the plaintiffs assigned breaches according to the statute, (1 R L. 518.) The defendants, (one of whom was a surety,) pleaded payment $^64 25, and non damnijicatus beyond that sum. The defendants proving payment according to their plea, the C(yurt hcM that the plaintiffs could recover only $135 75, though they proved damages beyond this, over and above . 7, . . .. what had been paid. Ju It was now submitted, whether the costs should not have - - been taxed at the common pleas rate onlyand whether…
1Opinion of the Court
Curia.
The taxing officer was right in both particulars, In case of an action on a bond, other than for the payment °f money; (and indeed where it is for the payment of money except where it is met by a set off, in which case the J r J ’ *425condition is to be the measure of the judgment, (1 R. L. 515, 16,) the penalty is the criterion of cost. If that be more than $250, supreme court costs are allowed. (2 Cowen’s Rep. 412.)
Interest is not allowable where it will swell the recovery to, or, in effect, compel the defendants to pay, in the whole, an amount beyond the penalty of a bond, especially…
2Cited by6 opinions
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- Syracuse City Bank v. CovilleNew York Supreme Court · 1860
- Harris v. ClapMassachusetts Supreme Judicial Court · 1805
- Lawrence v. United StatesU.S. Circuit Court for the District of Michigan · 1841
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