Bailey v. McIntire

Decided July 1, 1853

Supreme Judicial Court of Maine · decided 1853-07-01

On pacts agreed. Debt, brought before a justice of the peace upon a poor debtor’s six months relief bond. The statute of 1848, c. 85, 4, provides that in such suits the “ amount which the plaintiff may recover shall be the real and actual damage which has been sustained by the breach of the conditions of the bond and no more.” The debtor disclosed, but not until a few days after the six months expired. He disclosed, that he had four dollars in money.

Decided 1853-07-01

Hathaway, J.

¶1— The case finds, that at the time the bond expired, the principal defendant had no attachable property or means to pay the debt other 'than disclosed, and that the property disclosed was received by the plaintiffs’ attorney and indorsed on the execution. The action was brought before a justice of the peace. The plaintiffs have sustained no damage by breach of the conditions of the bond and can recover none.

¶2The case comes within the express provisions of the Act of 1848, entitled “ An Act additional for the relief of poor debtors.” Chapter 85, § 4. Plaintiff nonsuit.

Shepley, C. J., and Wells and Bice, J. J., concurred.