Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1818-01-27
IN THE COURT OF APPEALS.
WALLER Us. LONG.

IA tiiAo >HSN tfC iOiAONthS
opinion of the court was delivered by
Judge RoANB, on Tuesday, The Goth inst
"This was an action of debt brought
by the appellant, as assignee of Daniel
p. White, against the appellee, i'll the
county court of SPottsylyania. 1t was
brought upon a bond bearing date the
l7th March, 1896, in the penalty of 1881.
los. Sd. conditioned for the payment of
Der, 1903, "with interest from the date If
not p,snctuaiiy paid" The defendant, after
oyer of the bond, pleaded payment
The jury returned special verdict, in
which, after finding the execution of the
bond, the assignment of it 10 the appel
liant, before the day of payment several
payments amounting 10 46t. I3S. on and be-
fore the 25tk December, 1903, ana sundry
payments thereafter; they submit the
question 10 the court, whether the appel
liant Is entitled 10 receiver interest upon
the sum mentioned III the condition OF
the bond, from the day OF the date there
of, or not. III the former event they find
for the appellant, the debt in the declara
ton mentioned 10 be discharged by the
plyn ent OF 36I 2s III. in the latter, by
the paymen of 81. los. Id. with inieiest,
in either case, from the 2Uth Oct 1909.
Upnn this verdict the county court
h Id the affirmative opiniun. and gave
Judgment for the larger sum found by the
jury. They gave Judgment for the inte.
rest from the date of the bond, calculated
upon the whole sum mentioned i'll The cou-
dition, although 46i. lbs. of it had been
paid on and bJore the day OIL which ii be
came due and payable.
On an appeal, the superior court Of
law for the county reversed the judgment.
and rendered judgment for the smaller
sum; from which judgment an appeal
was taken to this court.
Al the trial ofthe canse, the appellee
defendant produced witness to prove
p" that at the time of executing the bond,
twas agyeed, that he should have credit
till 18th Dec. 1903, and that that cred
II was constituent of the contract, ="
by which the debt in question was Great
ed.-Altbeugh that testimony was reject
ed, and properly rejectedby the court, the
same construction results from the face
OF the bond itself The penalty of the
bond is conditioned TO be discharged by
the pay of I94t. 9S. Sd. OH or before
the 25th Dec. 1908 with interest from the
dafe, ifnot punctuaIly paid."-It is ev-
ldent that the agreement of the parties
last words, "with interest" &c.-at least
so far as it respects the time Of payment,
and the sum 10 be then paid. The sum
10 betken paid is shown to be 1914. 9s. cd.
only, IN exclusion of the back interest, by
this consideration, that the payment of
that sum OH or before the 25th Dec. 1908,
would have discharged the penalty of the
bond. These last words were only insert
ed To enforce, more eifectuslly, the pay
ment of the principal TO DID to- the pen
atty, by which tie payment thereof " as
already eCuTed.-Ihat is no part of the
sum agreed TO be paid on given day {,
which only becomes payable after that
DAY, and III the event that payment is not
puncually made on the day. II is only d
penalty.
"The court understands it to be clear
principle, that the clause in our act, Ct.
Rev. Co. pa. no which prescribes the
sum for which Judgment is TO be rem
dered OF bond, meant that in cases of
penalties by way of security, the final
justice Of the case should be attained in
the courts of law for which before, par
Ties had been driven into the courts Of
equity. The court is also of opinion,
that III circulating this object, those
courts are TO be governed by The same
considerations which influenced the courts
OF equity. If any authority Is wanting TO
support this clear position, it may be
found in tie case of B0nqfoH VS.. Riboa
. Burr. 1873, in relation to the English
statute OF land Anne, eli. 10, which is
substantially similar 10 our act.
g The principle Of equity upon this
subject, is, that where condition is for
the payment Of sum of money al a GER
tain time, Il II is not paid, the court will
allow interest upon it, from the day tghn.
il shouidhare been pad, and considers tiie
forfeiture as a penalty which is sublec'