Hammitt v. Bullett's Executors
Court of Appeals of Virginia
The declaration in this case was as follows: “ Thomas Harrison and Thomas Bullett, acting executors of the last will and testament of Cuthbert Bullett, deceased, complain of John Hammitt, that he render unto them the sum of one hundred and twenty pounds, specie, which from them he unjustly detains; for that the said defendant, on the 15th of October, in the year of our Lord 1788, at the county aforesaid, by his certain writing obligatory here to the Court shewn, sealed with…
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The declaration in this case was as follows: “ Thomas Harrison and Thomas Bullett, acting executors of the last will and testament of Cuthbert Bullett, deceased, complain of John Hammitt, that he render unto them the sum of one hundred and twenty pounds, specie, which from them he unjustly detains; for that the said defendant, on the 15th of October, in the year of our Lord 1788, at the county aforesaid, by his certain writing obligatory here to the Court shewn, sealed with his seal, and dated the day and year aforesaid, agreed, in consideration of a lot of land in the town of Newport, known…
1Opinion of the Court
PENDLETON, President.
Delivered the resolution of the Court to the following effect:
*495The plaintiff’s counsel seems to have thought, that as there was no penalty to cover the interest, it could not be recovered under the act of Assembly, although the interest was promised; but, could only be given in damages; and so declares for the debt, and lays his damages for nonpayment. Whether he was mistaken or not, is doubtful; though the practice is, to claim and recover the interest with the principal. Yet, since the defendant is not injured, but benefitted by the alteration, he has no right to…
2Cited by8 opinions
- Ward v. BullSupreme Court of Florida · 1847
- Gov. ex rel. Lyon v. EvansSupreme Court of Arkansas · 1839
- Mitchell's Adm'r v. Thompson's Adm'rCourt of Appeals of Virginia · 1857
- Davis' Adm'rs v. MeadSupreme Court of Virginia · 1856
- Gerrish v. TrainMassachusetts Supreme Judicial Court · 1825
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