Atwood v. Bank of Chillicothe
Ohio Supreme Court
This is an action of assumpsit from the county of Eoss. The declaration contains a single count for money had and received, to which the defendant pleaded the general issue. The issue thus joined was submitted to the court on the following agreed statement of facts: 527] *“ On April 19, 1841, the Bank of Chillicotlie ceased, and refused to redeem the notes issued and put in circulation by said bank, with good and lawful money of the United States.
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This is an action of assumpsit from the county of Eoss. The declaration contains a single count for money had and received, to which the defendant pleaded the general issue. The issue thus joined was submitted to the court on the following agreed statement of facts: 527] *“ On April 19, 1841, the Bank of Chillicotlie ceased, and refused to redeem the notes issued and put in circulation by said bank, with good and lawful money of the United States. On the 21st of April aforesaid, the plaintiff presented to the cashier of said bank at its counter, within banking hours, divers notes of said…
1Opinion of the CourtHitchcock, J.
Two questions are raised for the consideration of the court in this case:
1. Whether the plaintiff is entitled to judgment for the amount of notes acquired by him subsequent to the ^commence- [528 ment of the suit, and which are now giyen in evidence?
2. If he is entitled to such judgment is ho entitled to interest, and from what time should the interest be computed?
As a general rule, it is well settled that the rights of parties litigant must be adjudicated as they wore at the commencement of the suit. And if a plaintiff has no cause of action when his writ is issued, ho can not subsequently…
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