Hammitt v. Bullett's Executors
This text of 5 Va. 492 (Hammitt v. Bullett's Executors) is published on Counsel Stack Legal Research, covering Court of Appeals of Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Delivered the resolution of the Court to the following effect:
[495]*495The plaintiff’s counsel seems to have thought, that as there was no penalty to cover the interest, it could not be recovered under the act of Assembly, although the interest was promised; but, could only be given in damages; and so declares for the debt, and lays his damages for nonpayment. Whether he was mistaken or not, is doubtful; though the practice is, to claim and recover the interest with the principal. Yet, since the defendant is not injured, but benefitted by the alteration, he has no right to complain of it as an error, if it be one.
Conditions performed, to a specialty for payment of money, amounts to the general issue of payment.
/Supersedeas denied.
[* Smith v. Harmanson, 1 Wash. 6 ; Pendleton v. Vandevier, Ib, 381.]
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5 Va. 492, 1 Call 567, 1799 Va. LEXIS 22, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hammitt-v-bulletts-executors-vactapp-1799.