 | Great Britain. Court of Common Pleas - Law reports, digests, etc - 1818 - 734 pages
...stated at the end, to be paid upon the breach of performance, that must be considered as a penalty. S. Where the payment of a smaller sum is secured by a larger. 4. Where the word penalty is specifically used it is merely as a security. 5. A court of equity will... | |
 | Great Britain. Court of Common Pleas - Law reports, digests, etc - 1818 - 730 pages
...stated at the end, to be paid upon the breach of performance, that must be considered as* a penalty. 3. Where the payment of a smaller sum is secured by a larger. 4. Where the word penalty is specifically used it is merely as a security. 5. A court of equity will... | |
 | Samuel Comyn - Contracts - 1824 - 680 pages
...particularly expressed in the agreement. • It is said, in the case of Astley v. Weldon, (g) that where the payment of a smaller sum is secured by a larger, it must always be considered as a penalty, and not as liquidated damages. So, where articles contain... | |
 | Francis Ludlow Holt - Maritime law - 1824 - 680 pages
...at the end, to be paid uponthe breach of performance, that must be considered as a penalty. Thirdly, Where the payment of a smaller sum is secured by a larger, this is purely a penally. Fourthly, Where the word penalty is specifically used, it is merely as a... | |
 | Charles Petersdorff - Bail - 1824 - 618 pages
...the end of it, to be paid upon the breach of performance, it will be considered as a penalty. 3<1. Where the payment of a smaller sum is secured by a larger. , 4th. Where the word penalty is specifically used, it is merely as a security, and will effectually... | |
 | Great Britain. Court of Common Pleas, Peregrine Bingham - Law reports, digests, etc - 1830 - 858 pages
...paid by him, there the sum stated may be treated as liquidated damages." Chambre J. said, " There is one case in which the sum agreed for must always be...the payment of a smaller sum is secured by a larger. In this case it is impossible to garble the covenants, and to hold that in one case the plaintiff shall... | |
 | Great Britain. Court of Common Pleas, John Bayly Moore, Joseph Payne - Law reports, digests, etc - 1831 - 808 pages
...Rigby (b), and must govern the present. InAstleyv. Weldon, Mr. Justice Chambre said (c)—" There is one case in which the sum agreed for must always be...the payment of a smaller sum is secured by a larger. In this case, it is impossible to garble the covenants, and to hold, that, in one case, the plaintiff... | |
 | John Simcoe Saunders - Civil procedure - 1831 - 598 pages
...liquidated damages." And Chambre, J., observed: "There is one case in which the sum agreed for must alway? be considered as a penalty, and that is where the payment of a smaller sum is secured by a larger." Where the word "penalty" is introduced, and there is no other term explaining it, it is in general... | |
 | Jacob D. Wheeler - Common law - 1833 - 646 pages
...the end of it, to be paid upon the breach of performance, it will bo considered as a penalty. 3rd. Where the payment of a smaller sum is secured by a larger. 4lh. Where the word penalty is specifically used, it is merely as a security, and w'.ll effectually... | |
 | Joseph Chitty - Contracts - 1834 - 850 pages
...the sum stated may be treated as liquidated damages." And Mr. Justice Chambre observed, " There is one case in which the sum agreed for must always be...payment of a smaller sum is secured by a larger." The case of Kemble v. Farren (b) clearly elucidates and settles the law upon this subject. By an agreement... | |
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There is one case in which the sum agreed for must always be considered as a penalty, and that is, where the payment of a smaller sum is secured by a larger. 
