Reports of Cases Adjudged in the Supreme Court of Pennsylvania 1828 1835 Volu
Reports of Cases Adjudged in the Supreme Court of Pennsylvania 1828 1835 Volu
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, says interest is allowed where by express agreement, a certain time is fixed ; but not as matter of strict right, as in bonds with a penalty conditioned for payment of a certain sum on a certain day. 6 Binn. 162. Here the day of payment was not certain, de- pending as it did on a contingency, and there was no penalty. In Shaller v. Brand, 6 Binn. 435, there was a bond with a penalty, for which judgment was entered, and the day of pay- ment was a certain one, which could not but be known to th...e obligor. So in the case of the Estate of Schseffer, 9 Serg. & Rawle, 265, there was a bond with a penalty. The death of Eliza Schseffer must have been, and was known to John ; whereas, the death of Mrs. Hunter was not known to Mr. Troubat. In these cases also there is no special agreement as to interest, as there is here limiting in express terms, the period of its allowance ; and they are answered by that, if our con- struction is right.
Argument for the defendant in error. The finding of the jury, considered as a special verdict would be objectionable in respect to that which relates to a deduction of the widow's claim of dower ; for the time of her husband's death is not found, nor any data furnished by which it can be ascertained.
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To quickly assess the difficulty of the text, read a short excerpt:
, says interest is allowed where by express agreement, a certain time is fixed ; but not as matter of strict right, as in bonds with a penalty conditioned for payment of a certain sum on a certain day. 6 Binn. 162. Here the day of payment was not certain, de- pending as it did on a contingency, and there was no penalty. In Shaller v. Brand, 6 Binn. 435, there was a bond with a penalty, for which judgment was entered, and the day of pay- ment was a certain one, which could not but be known to th...e obligor. So in the case of the Estate of Schseffer, 9 Serg. & Rawle, 265, there was a bond with a penalty. The death of Eliza Schseffer must have been, and was known to John ; whereas, the death of Mrs. Hunter was not known to Mr. Troubat. In these cases also there is no special agreement as to interest, as there is here limiting in express terms, the period of its allowance ; and they are answered by that, if our con- struction is right.
Argument for the defendant in error. The finding of the jury, considered as a special verdict would be objectionable in respect to that which relates to a deduction of the widow's claim of dower ; for the time of her husband's death is not found, nor any data furnished by which it can be ascertained.
What to read after Reports of Cases Adjudged in the Supreme Court of Pennsylvania 1828 1835 Volu?
You can find similar books in the "Read Also" column, or choose other free books by Pennsylvania Supreme Court to read onlineMoreLess
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