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Curia. The plaintiff must take costs according to his judgment, which is for the penalty. Godfrey v. Vancott, 13 John. 345.) It is peculiarly proper, in this case, that it
*413 should be so, for the bond is conditioned, among other things, to perform covenants; and the judgment ought to stand as security for further breaches. It would have been otherwise, had it been merely for the payment of money. (Van Antwerp v. Ingersoll, 2 Caines’ Rep. 107. 1 R. L. 515, 516.)Motion denied.
Document Info
Citation Numbers: 2 Cow. 412
Filed Date: 10/15/1823
Precedential Status: Precedential
Modified Date: 1/12/2023