Hyperlawhypertext legal database Bowne v. Hallet 1 Cai. 517

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Bowne v. Hallet

1 Cai. 517 Court N.Y. Sup. Ct. English

Contents

Majority

p. 654
Bowne against Hallet.

Headnote

If judgment be signed for the whole penalty of a bond not due, but forfeited for non-payment of interest, execution will be stayed on bringing in interest and costs, the judgment standing as security.

Judgment had been signed for the whole penal-[*518] ty of *a very large bond on account of the breach of condition in non-payment of the interest. On motion of Boyd, for the defendant, the court ordered that execution stay, on payment of interest, and costs, the judgment, however, to stand as a security for the debt.[1]

(a) (a) See Black. Rep. 706, Marsen v. Touchet, S. P