On June 3d, 1843, the opinion of the Court was delivered by
Whitman C. J.
— The bond in this case does not appear to have been taken for precisely double the amount for which the debtor stood liable, and therefore is not a statute bond, and is good only at common law. The plaintiff therefore can recover only the actual damage sustained, whicli is, according to the agreement of the parties, to be assessed by a jury.