Wyman v. Robinson
Supreme Judicial Court of Maine
On report from superior court. Debt on bond. Writ dated April 2, 1878. March 12, 1874, the defendant Robinson replevied of the plaintiff a yoke of steers, alleging their value to be fifty-five dollars, and with the other defendants, Abram. W. Heath and A. K. Swift, as sureties, gave the bond for one hundred and ten dollars, now in suit.
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On report from superior court. Debt on bond. Writ dated April 2, 1878. March 12, 1874, the defendant Robinson replevied of the plaintiff a yoke of steers, alleging their value to be fifty-five dollars, and with the other defendants, Abram. W. Heath and A. K. Swift, as sureties, gave the bond for one hundred and ten dollars, now in suit. Judgment was for the defendant for a return of the property replevied and one dollar damages, and costs of suit taxed at ninety-six dollars and sixty-two cents. A writ of restitution issued August 27, 1877. The officer made return that he could not find the…
1Opinion of the CourtPeters, J.
The important question presented by this case, is, ivhether, in an action upon a replevin bond against principal and sureties, when the damages exceed the penalty of the bond, the recovery must be limited to the penalty, or Avhether it may exceed the penalty so far as to include interest upon the amount of the same from the date of the breach of the bond. We think the reasonable doctrine to be that, so far as necessary to secure the damages sustained by the obligee, the recovery may go *387beyond the sum of the penalty, by allowing interest on such sum from the date of the breach; such interest…
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