Adams v. Essex

OPINION of the Court, by

Judge Trimble.-

— In the former decree pronounced in this cause, we went upon the principle that when a contract is made for the payment of a sum of money by instalments, no action is maintainable at law, for the recovery thereof, until *150the last instalment becomes due. Upon more matura reflection and a further examination of the authorities,, we are now convinced, that this principle is not correct as a general rule; and that in the books, it is confined to the action of debt. It seems to have grown out of the rigid principles, governing that particular form of action.…