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21 Me. 398

Barrows v. Bridge

Supreme Judicial Court of Maine

Decided May 15, 1842

Supreme Judicial Court of Maine · decided 1842-05-15

The parties agreed upon a statement of facts. Debt on bond, dated 18th January, 1840, in the penal sum of $237,02. The officer holding an execution in favor of the plaintiff against said Bridge, arrested him on December 30, 1839.

Decided 1842-05-15

¶1On June 3d, 1843, the opinion of the Court was delivered by

Whitman C. J.

¶2— The bond in this case does not appear to have been taken for precisely double the amount for which the debtor stood liable, and therefore is not a statute bond, and is good only at common law. The plaintiff therefore can recover only the actual damage sustained, whicli is, according to the agreement of the parties, to be assessed by a jury.

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