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WASHINGTON ICE CO. V. WEBSTER, 125 U. S. 426 (1888)

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U.S. Supreme Court

Washington Ice Co. v. Webster, 125 U.S. 426 (1888)

Washington Ice Company v. Webster

No. 150

Argued January 30-31, 1888

Decided April 2, 1888

125 U.S. 426

Syllabus

In Maine, the plaintiff in a replevin suit for ice, gave a bond, with sureties, to the defendant in the penalty of $30,000 conditioned to prosecute the suit to final judgment and pay such damages and coats as the defendant should recover against them, "and also return and restore the same goods and chattels in like good order and condition as when taken, in case such shall be the final judgment." The ice was stated in the bond to be of the value of $15,000. In the suit there was a judgment for a return of the ice to the defendant, and for an amount of damages ascertained by the jury by allowing interest from the time the ice was taken, on a sum found to have been its value where and when it was taken, and also allowing the expenses of the defendant in preparing to remove the ice. The damages were paid, but the ice was not returned. In a suit on the bond,

Held:

(1) The plaintiff in that suit was entitled to recover what the jury in the replevin suit had found to have been the value of the ice where and when it was taken, with interest thereon from the date of the verdict in the replevin suit.

(2) It was not competent for the obligors in the bond to show that the ice was of less value than the amount stated in the writ of replevin and the bond, but it was competent for the obligee to show that such value was greater.

(3) The finding of the jury in the replevin suit as to the value of the ice where and when it was taken was competent and conclusive evidence, as against the obligors, of such value. chanroblesvirtualawlibrary

Page 125 U. S. 427

Debt upon a replevin bond. Judgment for plaintiff. Defendant sued out this writ of error. The case is stated in the opinion of the Court.





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