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Burton v. Hearn

Court of Common Pleas of Delaware
Nov 1, 1795
1 Del. Cas. 78 (Del. Com. Pleas 1795)

Opinion

November, 1795.


Defendant took plaintiff's Negro to Carolina to sell for him; he sold him at a disadvantage; but offered plaintiff £55, which he refused and brought this suit.


Whenever the proper time by law comes about when the law presumes the debt paid, some things will take it out of the Statute, as a desire by a testator that all his just debts shall be paid — so any sort of acknowledgment. Nor is there any splitting of actions: if part is acknowledged the whole is taken out of the Statute; if one penny is proved, it will answer.

I am clear interest is left with you; you may or may not find interest; in 1 Vent. 65, 10 Mod., in assumpsit the jury have it in their power to give interest or not as damages. I know of no rule of equity that will prevent a man's having interest when the sum is understood.

Verdict for the sum defendant confessed and interest thereon.


Summaries of

Burton v. Hearn

Court of Common Pleas of Delaware
Nov 1, 1795
1 Del. Cas. 78 (Del. Com. Pleas 1795)
Case details for

Burton v. Hearn

Case Details

Full title:JOSEPH BURTON v. HEARN

Court:Court of Common Pleas of Delaware

Date published: Nov 1, 1795

Citations

1 Del. Cas. 78 (Del. Com. Pleas 1795)

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