Smith v. Smith
New York Supreme Court
This was an action of debt, tried at the Monroe circuit. The plaintiff declared on a bond in the penal sum of $10,-000, and bearing date the 12th April, 1827, reciting that the defendant had sold to the plaintiff a lot in the village of Clark-son, and his business as a physician and surgeon, for the sum of $1000, and conditioned that the defendant would not locate himself and practice as a physician or surgeon in the said village, nor within six miles thereof, for the space…
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This was an action of debt, tried at the Monroe circuit. The plaintiff declared on a bond in the penal sum of $10,-000, and bearing date the 12th April, 1827, reciting that the defendant had sold to the plaintiff a lot in the village of Clark-son, and his business as a physician and surgeon, for the sum of $1000, and conditioned that the defendant would not locate himself and practice as a physician or surgeon in the said village, nor within six miles thereof, for the space of 10 years; and in case he should so locate or practice that he would pay to the plaintiff on demand $500 for each and…
1Opinion of the Court
By the Court,
Marcy, J.
The defendant has made a case and moves for a new trial for the misdirection of the judge ; and if the court do not grant that motion, he asks to have the judgment arrested, or given for the defendant non obstante veredicto, or that a repleader be awarded. The misdirection of the judge complained of, was, his instructing the jury that the $500 mentioned in the condition of the bond *471to be paid monthly, were liquidated damages agreed on by the parties.
One of the rules on this subject is, that where it is agreed that if a party do a particular thing a stipulated sum shall…
2Cited by25 opinions
- Cotheal v. . TalmageNew York Court of Appeals · 1854
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- Berrinkott v. TraphagenWisconsin Supreme Court · 1875
- Brennan v. ClarkNebraska Supreme Court · 1890
- Williams v. GreenSupreme Court of Arkansas · 1854
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