Sparks v. Garrigues
Supreme Court of Pennsylvania
THIS was an action of debt brought to September term 1800, on a bond given by the defendants to Lloyd and Sparks, bearing date the 20th of May 1797, in the penalty o 2000 dollars, conditioned to pay 1000 dollars on the 20th 0: May 1801,. with lawful interest to be paid annually from th date.
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THIS was an action of debt brought to September term 1800, on a bond given by the defendants to Lloyd and Sparks, bearing date the 20th of May 1797, in the penalty o 2000 dollars, conditioned to pay 1000 dollars on the 20th 0: May 1801,. with lawful interest to be paid annually from th date. The defendants pleaded payment, with leave to give th special matter in evidence; and agreeably to a rule of the cour gave the following notice to the plaintiff: "Please to take no "tice that under the plea of payment in the above action, th~ "defendants mean to give in evidence that the bond on whici ~G…
1Opinion of the Court
Yeates J.
We have been called upon by the counsel on each side, to mould the finding of the jury agreeably to the rules of law, and the substantial justice of the case. The defendants’ counsel have insisted that the verdict should be entered *157for them, contending that the suit in its present structure lias been brought prematurely. They admit that a bond conditioned' to pay money by instalments, may be prosecuted on one instalment becoming due, though it is otherwise as to a single bill; but they urge that the stipulation of the payment of the interest yearly, is not in its nature an…
2Cited by13 opinions
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- Caldwell v. WilliamsIndiana Supreme Court · 1849
- Murray v. Prudential Insurance Co. of AmericaSuperior Court of Pennsylvania · 1940
- Underwood v. LillySupreme Court of Pennsylvania · 1823
- County of Beaver v. ArmstrongSupreme Court of Pennsylvania · 1863
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