Legal Opinion

Kraker v. Shields

Supreme Court of Virginia

Decided March 31, 1871Published

On the 21st day of November, 1862, James H. Shields sold to Meyer Kraker a house and lot in the city of Richmond, for the sum of $14,500; of which the sum of $4,500 was paid down, and for the balance, $10,000, four negotiable notes were given, at twelve, twenty-four, thirty-six, and forty-eight months after date, each for the siim of $2,500, with interest added from the date to'the maturity of the note: the first being for-$2,650, due 21st November, 1863; the second being…

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On the 21st day of November, 1862, James H. Shields sold to Meyer Kraker a house and lot in the city of Richmond, for the sum of $14,500; of which the sum of $4,500 was paid down, and for the balance, $10,000, four negotiable notes were given, at twelve, twenty-four, thirty-six, and forty-eight months after date, each for the siim of $2,500, with interest added from the date to'the maturity of the note: the first being for-$2,650, due 21st November, 1863; the second being for-$2,800, due 21st November, 1864; the third being -for $2,950, due 21st November, 1865; and the fourth being-for…

1Opinion of the Court

Moncure, P.,

after stating the case, proceeded:

There are five assignments of error in tMs case, which are as follows: 1st. “The case was one not proper for a reference to a commissioner.” 2d. “The court should have ordered an issue to be tried before a jury.” 3d. “It was error to render a decree in favor of the defendant against the plaintiff.” 4th. “The decree is erroneous, in being for interest upon the whole sum called for by the note, a part of it being interest, *390and therefore not hearing it, such interest being compound.” And, 5th. “ The decree, upon the testimony,. ■ should have been in…

2Cases cited2 opinions

  1. Mettert's adm'r v. HaganSupreme Court of Virginia · 1868
  2. Boulware v. NewtonSupreme Court of Virginia · 1868

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