There is a newer version of the Connecticut General Statutes
2005 Connecticut Code - Sec. 52-238. Damages in actions on penal bonds.
Sec. 52-238. Damages in actions on penal bonds. (a) In any action on a penal
bond, containing any condition which has been broken, such damages only shall be
assessed as are equitably due, and judgment shall not be rendered for the whole penalty,
unless it appears to be due.
(1949 Rev., S. 7984; P.A. 82-160, S. 222.)
History: P.A. 82-160 rephrased the section and inserted Subsec. indicators.
A tender of the amount justly due on a bond, though less than its face, is good. 2 C. 662. No judgment can be rendered on any bond for more than the penalty, with interest. 4 D. 36. Interest on probate bond may run from time of demand. 38 C. 324. A technical breach of bond resulting in no damage is not ground for a new trial. 60 C. 482. Statute does not apply to actions of replevin. 48 C. 140. Applies to recognizance or bond made to release attachment. 74 C. 175. Scope of equities considered. 74 C. 338; 77 C. 70. Same doctrine applied to penalty stated in injunction. 83 C. 427. Applies to obligations of surety. 78 C. 698. Does not apply to criminal bond. 83 C. 686. Right to chancer a bond exists only where liability is admitted. 72 C. 607. When recovery not limited to penalty. 81 C. 252. Cited. 71 C. 452. Legal interest as measure of damages where impossible to ascertain profits made by improper use of trust funds. 120 C. 337. To be available in defense to suit on probate bond, credits for payments to creditors and legatees must have been authenticated by probate court through settlement of executor's account. 124 C. 111. Cited. 128 C. 322. Damages "equitably due" means "justly due". 148 C. 569. Cited. 177 C. 527, 535, 536.
Cited. 19 CS 130. Recovery limited to amount of bond, with possible addition of interest. Id., 457.
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