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4 Day 30

Carter v. Carter

Supreme Court of Connecticut

Decided June 15, 1809

Supreme Court of Connecticut · decided 1809-06-15

<p>terestthereon, although satisfaction may obtained bfor every breach tion. The obligee of a bond can recover no more than the penalty with in-</p>

Decided 1809-06-15

By the Court.

¶1The contract of the parties is only' to pay the penalty, in case of failure to perform the conditions annexed to it; and the court cannot extend such contract beyond its obvious meaning, for the sake of doing some supposed equity to the obligee.

¶2The statute regulating pivil actions gives the courts power to render judgment for less than the penalty, where justice requires it, but was not intended to authorize the court, in any case, to give more.

¶3The penalty becomes forfeited, however, on the first breach; and as it then becomes a debt due unconditionally to the obligee, the court may allow interest from that time, but can never exceed the penalty, with interest on it from the first breach.

¶4Judgment affirmed.

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