Newton v. Rice
Cases that cite this one
1 later published case cites this decision.
- Massasoit-Pocasset National Bank v. Borden (Mass. 1917)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
In an action upon a bond, upon proof of a breach,
the judgment must indeed be for the penalty of the bond; but the amount due and payable in equity and good conscience must be determined by the court, or by a jury or assessor under its direction, before execution can issue, and the execution must be limited to the amount so found due. Gen. Sts. c. 133, §§ 9, 10.
When the whole action is referred to arbitration by agreement of parties and rule of court, the reference includes everything which is required to be judicially determined in the case to entitle the prevailing party to execution, and includes both questions, whether there has been a breach of the bond, and what amount of damages the plaintiff is entitled to.
The award in this case was therefore within the authority ccs? - ferred upon the referees, and the judgment and award of exec* tian in conformity therewith must be Affirmed
Case-law data current through September 30, 2026. Source: CourtListener bulk data.