Hovey v. Newton
Hovey v. Newton
Opinion of the Court
delivered the opinion of the Court. We cannot admit the correctness of the defendant’s argument, that damages for the breach of the covenant in the lifetime of the intestate, and which continued after his death, may not be recovered in this action. The case of Wells v. Betts, 10 East, 316, is decisive upon the point. The whole damage sustained by the plaintiffs from the breach of the covenant of the intestate, becomes a debt against his estate, for which the defendant is answerable as administrator. This point however was not much pressed.
But it is contended, that the award or report of the committee assessing the damages, is incorrect, inasmuch as they have assessed interest upon the sum found for damages. But upon inspecting the award, it will appear that the interest is allowed as a portion of the damages ; and we do not perceive that there is any legal objection to that course. The question to be decided was, how great damages the plaintiffs were entitled to recover. The committee ascertain, that from the time of the breach up to the date of the writ, the damages amount
The opinion of the Court is, that the award of the committee shall be accepted, and that judgment shall be rendered thereon for the sum found to be due as aforesaid, viz. $793.20, and interest upon the same from the time when the award was made, to the present time, as additional damages during the oending of the defendant’s exceptions to the award, together with costs of reference and costs of court.
Reference
- Full Case Name
- William Hovey versus Rejoice Newton, Administrator, &c.
- Status
- Published