Bent v. Patten
Supreme Court of Virginia
Paiten and May brought an action of debt in the Superior Court of law of Frederick county, against Bent, on a note executed by the latter to the former, for g 284, with interest till paid. The note was dated, June 21st 1796; at wnieh time the legal rate of interest was only 5 per cent.
Read the full summary
Paiten and May brought an action of debt in the Superior Court of law of Frederick county, against Bent, on a note executed by the latter to the former, for g 284, with interest till paid. The note was dated, June 21st 1796; at wnieh time the legal rate of interest was only 5 per cent. On the 7th day of October, 1819, the defendant (Bent) appeared and acknowledged the plaintiffs’ action against him, for the sum of g>284 with interest thereon from the 21st of June, 1796, until payment and the costs. The record proceeds to stale “ Tliercfore.it “ is considered by the court that the plaintiffs…
1Opinion of the Court
Judge Coalter.
This is a suit on a note a short time before the passage of the act changing the rate of interest from 5 to 6 per cent. The defendant confessed judgment for the debt and interest, without stating the rate, and the clerk, by mistake, in entering the judgment, gave interest at the rate of 6 per cent. A supersedeas was awarded by a judge of this court, since the late act of assembly authorising amendments of judgments, by application to the court below, at a subsequent term, or to the judge in vacation. Two questions therefore arise :
1. Whether this is a mere clerical mistake, at…
2Cases cited2 opinions
- Grays v. HinesSupreme Court of Virginia · 1815
- Brooke v. Roane & Co.Court of Appeals of Virginia · 1798
3Cited by17 opinions
- Shipman v. FletcherSupreme Court of Virginia · 1895
- Smith's Adm'r v. Charlton's Adm'rSupreme Court of Virginia · 1851
- Pickens v. McCoyWest Virginia Supreme Court · 1884
- Shipman v. BaileyWest Virginia Supreme Court · 1882
- Richardson's Ex'x v. JonesSupreme Court of Virginia · 1855
12 more not listed; retrieve them via the Exa API.