Legal Opinion

Town of Danville v. Sutherlin

Supreme Court of Virginia

Decided April 18, 1871Published

This was an action of assumpsit, in the Circuit court of Pittsylvania, brought in February, 1867, by "William T. Sutherlin against the town of Danville, to recover three years’ interest upon a certificate of debt of said town for five thousand dollars, bearing date the 1st of September, 1863, and payable in twenty years from its date, with interest at the rate of six per cent, per annum, payable semi-annually.

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This was an action of assumpsit, in the Circuit court of Pittsylvania, brought in February, 1867, by "William T. Sutherlin against the town of Danville, to recover three years’ interest upon a certificate of debt of said town for five thousand dollars, bearing date the 1st of September, 1863, and payable in twenty years from its date, with interest at the rate of six per cent, per annum, payable semi-annually. The defendant pleaded non assumpsit, and usury; upon which pleas issues were joined. On the trial the jury found a special verdict, from which it appeared that, on the 10th of August,…

1Opinion of the CourtStaples, J.

Heitker party claims, that this is a Confederate transaction. Sutherlin treats the certificate as a security for the payment of its nominal amount in lawful money of the United States. The plea of usury is a tacit admission, on the part of the defendant, that this is a proper construction of the contract.

The special verdict does not find that this contract, - according to the understanding of the parties, was to be fulfilled in Confederate notes, or that it was entered into with reference to such notes as a standard of value; nor have the jury found any fact from which this court can infer…

2Cases cited3 opinions

  1. Boulware v. NewtonSupreme Court of Virginia · 1868
  2. Brummel & Co. v. Enders, Sutton & Co.Supreme Court of Virginia · 1868
  3. Maury v. IngrahamMississippi Supreme Court · 1854

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