McClure against Dunkin, Knight
| Jurisdiction | England & Wales |
| Judgment Date | 08 May 1801 |
| Date | 08 May 1801 |
| Court | Court of the King's Bench |
English Reports Citation: 102 E.R. 169
IN THE COURT OF KING'S BENCH.
i east, 7. m'cluke v. dunkin 169 M'CLUEE against dunkin, Knight. Friday, May 8th, 1801. In an action on a judgment recovered on a bond interest may be recovered in damages beyond the penalty of the bond. In assumpsit on a judgment recovered in Ireland, in Michaelmas term 1777, the declaration set forth a bond given by the defendant to the plaintiff, dated the 1st of July 1777, for 6531. 10s. 9d. (reduced to English money); a judgment recovered thereon as. above mentioned, with costs and damages 11. 19s., and a revival of such judgment by scire facias in Easter term 1794 ; in consideration whereof the defendant promised to pay the said several sums, &c. The plaintiff also declared on the common counts. The defendant pleaded non assumpsit. And at the trial before Lord Kenyon C.J. at the sittings after last [437] term, the plaintiff obtained a verdict for 7521. 17s. 6d., which included interest upon the judgment. Upon a rule to shew cause why the verdict should not be reduced to the sum of 6551. 9s. 9d., which was the amount of the penalty of the bond and the costs, &e. the sole question was, whether the plaintiff were entitled to recover interest, on the judgment beyond the penalty of the bond, and costs of the judgment? Gibbs shewed cause, and contended that the sum recovered by the judgment con stituted a new debt; and therefore though in an action on the bond itself interest could not have been recovered beyond the penalty, yet after the judgment the bond debt became merged in another security, on which interest might by law accrue without any such limitation. Burrough, in support of the rule, said, that this being the case of a foreign judgment, the doctrine of merger did not...
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