Burton v. Hearn

1 Del. Cas. 78

• Court: Delaware Court of Common Pleas
• Decided: November 15, 1795
• Status: Published

Opinion

Bassett, C. J.

(Charge.) Whenever the proper time by law comes about when the law presumes the debt paid, some things will take it out of the Statute, as a desire by a testator that all his just debts shall be paid — so any sort of acknowledgment. Nor is there any splitting of actions: if part is acknowledged the whole is taken out of the Statute; if one penny is proved, it will answer.

I am clear interest is left with you; you may or may not find interest; in 1 Vent. 65, 10 Mod., in assumpsit the jury have it in their power to give interest or not as damages. I know of no rule of equity that will prevent a man’s having interest when the sum is understood.

Verdict for the sum defendant confessed and interest thereon.