Howard v. Farley
The Superior Court of New York City
The action was upon a bond conditioned to pay $3800, on the 21st of May, 1865, with interest payable semi-annually, on the 21st days of November and May, in each year. The plaintiff alleged the non-payment of the interest which became due and payable on the 21st day of May, 1863, and demanded judgment therefor, with interest thereon from said 21st of May, 1863. . The action was tried by a justice of this court, without a jury.
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The action was upon a bond conditioned to pay $3800, on the 21st of May, 1865, with interest payable semi-annually, on the 21st days of November and May, in each year. The plaintiff alleged the non-payment of the interest which became due and payable on the 21st day of May, 1863, and demanded judgment therefor, with interest thereon from said 21st of May, 1863. . The action was tried by a justice of this court, without a jury. The plaintiff requested the justice to find and decide that the plaintiff was entitled to judgment for the amount claimed, with interest thereon from the 21st of May,…
1Opinion of the Court
By the Court, Monell, J.
In the action of debt on bond, as it existed before the adoption of the Code of Procedure, the judgment was for the penalty, but execution issued to collect only the amount actually due. Since the Code, however, as I had occasion recently to decide, (Howard v. Farley, 18 Abb. Pr. 367,) the action must be for the recovery of the sum due, and not for the penalty.
In the case before us, the plaintiff sought to recover one year’s interest upon a bond, the principal sum secured not being due until two years thereafter, and the only question is whether the plaintiff is…
2Cases cited6 opinions
- Mowry v. BishopNew York Court of Chancery · 1835
- Hastings v. WiswallMassachusetts Supreme Judicial Court · 1812
- Toll v. HillerNew York Court of Chancery · 1844
- Connecticut Mutual Life Insurance v. Cleveland, Columbus & Cincinnati Rail RoadNew York Supreme Court · 1863
- Peirce v. RoweSuperior Court of New Hampshire · 1818
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