Leighton v. Brown
Massachusetts Supreme Judicial Court
Contract on a replevin bond. In the superior court these facts were agreed: On April 21, 1863, the defendant Brown replevied from this plaintiff the schooner Charlotte, and, with the other defendant as one of the sureties, gave in due form the bond in question in the sum of ten thousand three hundred and thirty-four dollars, being twice the appraised value of the vessel.
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Contract on a replevin bond. In the superior court these facts were agreed: On April 21, 1863, the defendant Brown replevied from this plaintiff the schooner Charlotte, and, with the other defendant as one of the sureties, gave in due form the bond in question in the sum of ten thousand three hundred and thirty-four dollars, being twice the appraised value of the vessel. Afterwards, by agreement, the case was submitted by rule of court to a referee, who on July 24,1866, rendered an award that the defendant in replevin “ have judgment for a return of the property replevied, for one thousand…
1Opinion of the CourtFoster, J.
Judgment is to be entered in favor of the plaintiff for the penalty of the bond. Gen. Sts. c. 133, §§ 9,10. But interest on the penal sum therein named from the date of the breach may be added as damages for the detention, and will form a part of the judgment for the penalty to be rendered both against principal and sureties. Bank of Brighton v. Smith, 12 Allen, 243. Execution is to be awarded for so much of the penalty as shall be ascertained to be justly due, but it can in no event exceed the judgment.
The breach assigned is the failure of the principal defendant, as plaintiff in the…
2Cited by11 opinions
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- Bradford v. Cunard Steamship Co.Massachusetts Supreme Judicial Court · 1888
- Wright v. QuirkMassachusetts Supreme Judicial Court · 1870
- Tucker v. Tremont Trust Co.Massachusetts Supreme Judicial Court · 1922
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