Tuck v. Moses
Supreme Judicial Court of Maine
On RETORT. Debt on a replevin bond, dated Dec. 16, 1862, given by the city of Bath as principal, and Oliver Moses and others as sureties, and conditioned as follows: “ Whereas, the said city of Bath has this day sued out of the clerk’s office of the supreme judicial court for the county of Franklin, a writ of replevin against A. T. Tuck, for nine hundred and fifty-two cords of wood, attached on sundry writs against the Androscoggin Railroad Company, of the value of…
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On RETORT. Debt on a replevin bond, dated Dec. 16, 1862, given by the city of Bath as principal, and Oliver Moses and others as sureties, and conditioned as follows: “ Whereas, the said city of Bath has this day sued out of the clerk’s office of the supreme judicial court for the county of Franklin, a writ of replevin against A. T. Tuck, for nine hundred and fifty-two cords of wood, attached on sundry writs against the Androscoggin Railroad Company, of the value of twenty-eight hundred.and fifty-six dollars, now taken by the said Tuck, in said county. . . Now if the said city of Bath shall…
1Opinion of the CourtDanforth, J.
This is an action upon a replevin bond in which the defendants have been defaulted. The question presented is the amount of damages which the plaintiff is entitled to recover. This, however, involves several preliminary matters which must first be settled.
1. The extent of the defendants’ liability under their contract. The bond is not a statute bond, and on that ground the writ, by which the action was commenced in which it was given, was abated. It has, however, before this been decided to be valid at common law. Tuck v. Moses, 54 Maine, 115.
As a common-law contract it must receive such a…
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