Haswell v. Farmers & Mechanics' Bank
Supreme Court of Vermont
Assumpsit, for interest. Plea, general issue, and trial by the court. On the trial, the plaintiff offered in evidence a petition, dated July 9th, 1850, in favor of the plaintiff, addressed to M. L. Bennett, chancellor, and an order made by said chancellor, on the 20th day of July, 1850, on the defendants, directing them to pay the plaintiff the sum of $-, being the sum awarded by the commissioners of the Vt.
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Assumpsit, for interest. Plea, general issue, and trial by the court. On the trial, the plaintiff offered in evidence a petition, dated July 9th, 1850, in favor of the plaintiff, addressed to M. L. Bennett, chancellor, and an order made by said chancellor, on the 20th day of July, 1850, on the defendants, directing them to pay the plaintiff the sum of $-, being the sum awarded by the commissioners of the Vt. Central Railroad Co., for certain land damages claimed by said plaintiff of the said company, and found by said chancellor on the hearing of said petition to belong to the plaintiff. It…
1Opinion of the Court
The opinion of the court was delivered by
Isham, J.
We think the defendants are not chargeable for the interest, for which this suit is brought. A claim for interest must rest on one of two grounds; either upon a contract express or implied, or as damages for some •wrongful act or default in the payment of that which is due another. The liability to pay interest as damages, rests upon a principle distinct from the liability to pay interest as a compensation for the use of money. 1 Am. Lead. Cases 496, (note.)'
There is no pretence in this case, that the defendants are liable for this interest on…
2Cases cited2 opinions
- Hoopes v. BrintonSupreme Court of Pennsylvania · 1839
- Haswell v. Vermont Central Rail RoadSupreme Court of Vermont · 1851
3Cited by2 opinions
- Bridges v. SheldonUnited States Circuit Court · 1880
- Northfield National Bank v. E. B. Ellis Granite Co.Supreme Court of Vermont · 1926