Brewer v. Hastie
Court of Appeals of Virginia
Hastie & Co. merchants, and partners, and British subjects, filed a bill in the High Court of Chancery against Brewer, praying an account and relief for money due for dealings with Lindsy their factor in Virginia, before the Revolution.
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Hastie & Co. merchants, and partners, and British subjects, filed a bill in the High Court of Chancery against Brewer, praying an account and relief for money due for dealings with Lindsy their factor in Virginia, before the Revolution. The answer admitted dealings to a considerable ^amount, but alleged that Brewer had paid considerable sums of money and tobacco towards the discharge thereof, and had frequently solicited the plaintiff’s factors and agents for a final settlement,, which they did not comply with until the year 1774 or 1775, when one Burt presented an account, which upon…
1Opinion of the Court
LYONS, Judge.
Delivered the resolution of the Court, that there was no error in the decree as to the debt; but, that it was erroneous in allowing interest during the war, according to the case of M’Call v. Turner, 1 Call 133, in this Court; and that the decree was likewise erroneous, in continuing the interest, after the date of the decree. That, consequently, the eight years during the war, were to be deducted, and the interest to be carried down to the time of the decree only, as was done in Deans v. Scriba, 2 Call 415, and Deans v. Kunkrall, at the last term.
The decree was as follows:.
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2Cases cited1 opinion
- M'Call v. TurnerCourt of Appeals of Virginia · 1797