 In general, a sum of money, in gross, to be paid for the nonperformance of an agreement, is considered as a penalty, the legal operation of which is to cover the damages which the party, in whose favor the stipulation is made, may have sustained from...  Reports of Cases Argued and Determined in the Supreme Court of Judicature of ... - Page 77by Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, John Worth Kern, Francis Marion Dice, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - 1859Full view - About this book
 | United States. Supreme Court - Law reports, digests, etc - 1816 - 694 pages
...under the constitution, treaties, and laws of the Union. JVofc a. 206 . Sec JURISDIcTIoN. COVENANT. 1. In general, a sum of money in gross, to be paid for...nonperformance of an agreement, is considered as a penalty, and not as liquidated damages. Tayloe v. Santliford, 13 17 2. Jl fortiori, when it is expressly reserved... | |
 | United States. Supreme Court - Courts - 1822 - 666 pages
...of which this is not one. Judgment affirmed with costs. [CoMMoN LAW.] TATLOE v. T. & S. SANDIFORD. In general, a sum of money in gross, to be paid for...non-performance of an agreement, is considered as a. penalty, and not as liquidated damage*. A fortiori, when it is expressly reserved as a penalty. 1 822. "'llh... | |
 | Jacob D. Wheeler - Common law - 1835 - 632 pages
...*"• Per Cur. Marshall, CJ In general, a sum of money in gross, to be p? id for the non performance of an agreement, is considered as a penalty, the legal...is, to cover the damages which the party, in whose favour the stipulation is made, may have sustained from breach of contract by the opposite party. It... | |
 | Theodore Sedgwick - Damages - 1852 - 722 pages
...Supreme Court held the charge on this point right, though a new trial was ordered on other grounds. Marshall, CJ, said, " In general, a sum of money in...non-performance of an agreement, is considered as a penalty. It will not of course be considered as liquidated damages. Much stronger is 'the inference in favor... | |
 | Vermont. Supreme Court - 1853 - 732 pages
...language of Chief Justice Marshall, in the last case applies with great force to the present one. " In general, a sum of " money in gross, to be paid for the non-performance of an agree" ment, is considered as a penalty. It will not, of course, be con" sidered as liquidated damages... | |
 | Law - 1857 - 412 pages
...ASSUMPSIT—MONEY HAD AND RECEIVED. 367 In Tayloe vs. Sandiford, 7th Wheaton, 13, Judge Marshall says: " In general a sum of money in gross, to be paid for...nonperformance of an agreement, is considered as a penalty, and not as liquidated damages ; a fortiori, when it is expressly reserved as a penalty," not a set... | |
 | Theodore Sedgwick - Damages - 1858 - 778 pages
...held the charge on this point right, though a new trial was ordered on other grounds. Marshall, 0. J., said, — " In general, a sum of money in gross to...non-performance of an agreement, is considered as a penalty. It will not of course be considered as liquidated damages. Much stronger is the inference io favor... | |
 | California. Supreme Court - Law reports, digests, etc - 1858 - 822 pages
...Hcrmosilla. In Taylor v. Sandiford, Chief Justice Marshall said : "In general, a sum of money in gross, to he paid for the non-performance of an agreement, is considered as a penalty. * * It will not, of course, DC considered as liquidated damages; and it will be incumbent on the party... | |
 | Richard Peters - Law reports, digests, etc - 1860 - 792 pages
...interest is recoverable only from the commencement of the suit. Sankofthe US v. Magill, Paine's CCR 661. f In general a sum of money in gross, to be paid for...operation of which is to cover the damages, which the parly in whose favour the stipulation is made, may have sustained by the breach of covenant of the... | |
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