White v. Dingley
This text of 4 Mass. 433 (White v. Dingley) is published on Counsel Stack Legal Research, covering Massachusetts Supreme Judicial Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
The opinion of the Court was afterwards delivered by
We are satisfied that this action cannot be maintained. The forfeiture of the debt is not in the nature of a penalty, but is a liquidation of the damages to be paid in case of a breach of the covenant on the part of the creditor. The parties have made their contract, and we have no authority to alter it, or to make another for them in its stead.
No action, by the common law, lies for damages sustained by suing a civil action, when the plaintiff fails, unless it be alleged and shown to be malicious, and without probable cause.
Defendant’s plea good.
Free access — add to your briefcase to read the full text and ask questions with AI
Related
Cite This Page — Counsel Stack
4 Mass. 433, Counsel Stack Legal Research, https://law.counselstack.com/opinion/white-v-dingley-mass-1808.