27 Del. 530 | Del. Super. Ct. | 1914
charging the jury:
Gentlemen of the jury:—The contention of the plaintiff in this case, as it appears in the several counts of the declaration, is,
The precise amount of money claimed n by the plaintiff in this case is a debt of one hundred and twenty dollars, which is the amount of the judgment ultimately recovered in the action instituted by Morgan against Farrari, together with five dollars and eighty-six cents costs in that action, with lawful interest on the sum of one hundred and twenty dollars from February 25, 1913, that being the date upon which that judgment was- rendered. The sum of fifteen dollars has been pleaded by the defendant and admitted by the plaintiff as a proper set-off against the demand of the plaintiff in this case.
It is-claimed, however, that the obligation, even if attempted to be made an obligation of special bail, is nevertheless one containing all the elements of an obligation upon which an action at law may be founded.
There has been a great deal said about the expression of this alleged contract, which is claimed (and not denied) to have been written upon the margin of the justice’s record before the entry of judgment. The language is: “On this third day of February, A. D. 1913, Anthony Corletto becomes surety that the above judgment shall be fully satisfied. Anthony Corletto.”
Verdict for plaintiff for full amount.