Hoxsey v. Patterson

Citations

• 59 Ill. 522

Syllabus

<p>1. Bond for the payment of money—extent of recovery thereon. In an action on a penal bond, conditioned for the payment of the penal sum at a specified time, the introduction of the bond in evidence will establish a prima facie case for the plaintiff' for the full amount, as debt, and if interest after maturity is recoverable, that should be allowed as damages.</p> <p>2. Judgment—its effect. If, however, the judgment in such a case provides that the debt be discharged upon payment of a less sum found as damages, then the payment of the damages will operate as a satisfaction of the whole bond.</p>