Legal Opinion

Georgia Insurance & Trust Co. v. Oliver

Supreme Court of Georgia

Decided May 15, 1846No. 9PublishedCited by 3 opinions

This was an action of Assumpsit tried before Judge Gamble in Richmond Superior Court, January Term, 1846 ; when the plaintiffs in error, who were defendants in the court below, confessed judgment for ten thousand dollars, with interest from 31st of March, 1845, and costs of suit, subject to the opinion of the court whether they were liable for interest and costs, under the following circumstances : “ Prior to the commencement of the suit, the plaintiffs in error had been…

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This was an action of Assumpsit tried before Judge Gamble in Richmond Superior Court, January Term, 1846 ; when the plaintiffs in error, who were defendants in the court below, confessed judgment for ten thousand dollars, with interest from 31st of March, 1845, and costs of suit, subject to the opinion of the court whether they were liable for interest and costs, under the following circumstances : “ Prior to the commencement of the suit, the plaintiffs in error had been served with summons of garnishment in a number of attachments issued against the defendant in error, who was plaintiff in…

1Opinion of the Court

By the Court

Lumpkin, Judge.

The question of interest is not one of strict law, but of discretion, depending upon considerations of equity, growing out of the facts and cir*40cumstances of each particular case. — Anonymous, 1 Johns. Rep., 315; Pease vs. Barber, 3 Caines Rep. 266. In the latter case, Chancellor, then Chief Justice Kent, remarks, “ there may be cases in which the defendant ought to refund the principal money only, and there may be other cases in which be ought, ex cequo et bono, to refund the principal .with interest.

The general proposition contended for by counsel for the company…

2Cases cited3 opinions

  1. Delonguemare v. Tradesmen's InsuranceThe Superior Court of New York City · 1829
  2. McLaughlin v. Washington County Mutual InsuranceNew York Supreme Court · 1840
  3. Cheriot v. FoussatSupreme Court of Pennsylvania · 1810

3Cited by3 opinions

  1. Gaston v. Shunk Plow Co.Supreme Court of Georgia · 1925
  2. City and County of Honolulu v. KamHawaii Supreme Court · 1965
  3. Boland v. KlinkSupreme Court of Georgia · 1879

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