The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1872-06-10
An Impartnnt Verdict.

On Thursday Of last week, in the County,
Court of this county, Judge james kenney
presiding, Il verdict was rendered in which
many will feel a great interest. The nature
of the case, rs far as it relates to the matter
to which we desire TO call attention. may be
stated briefly: ,a........ ......s 49,
The bonds i'm the suit were executed be-
fore the war. All parties lived in the Con-
icdcratc lines during the war, and the credi-
tor and principal debtor both died during the
war or soon after its termination. In 1870 suit
was instituted by the personal representative
of the creditor against the living surety. A
defence Of the whole debt was set up, hut
that being unsuccessful, the question whe-
thcr the jury could knock of the interest
which had accrued during the period of the
war as between citizens OF this State within
The Confederate lines came S,i,arely before
the court and jury. The Court instructed
the Jury in the language of the Code: "Thr
jury in any action founded on contract may
allow interest on the principal due, orany
part thereof, aud fix the period atwhich sucl,
interest shall commence, and therefore the
tin fol the amount of his debt and interest,
subject TO a credit, ho,ocoer, Of four gears
INTEREST," s.. e s..sss s. F.. -.,,...-- 4 5. ..s
In this verdict of twelve of the best and
most intelligent men in the county the plain
ti0 acqllicsced, 1t may, therefore, be con-
siiered settled that in every case of ante.
beitum Indebtedness il is within the province
of the jury tosaI,ate the interest during the
war, or not, rs may seem to them just and
right in each particular case To our minds
this appears cnincntly proper and wise. The
courts and juricS are Intended to be mere
arbiters, to whom are referred for adjust
ment and settlement all disputes of whatever
character arising between citizens.@ Why
should they not be allowed to make their de.
cision in accordance with that which they
upon their oaths conceive to be the measure
of exact justice between the parties! The
terms of the statute, even rs it now reads,
are plainly broad enough to give the
anplest discretion US to the allow
alice or dsallowancc Of interest upon
The principal or any part thereof: in
any action founded on cORfrdct," and
as to "the period at tctich such interest
skaH commence" We believe there are
many cases i'm which the war interest should
not be deducted. The debt may have been
due an eXtortioper and Spectator who grew
rich during the war and tattened upon the
misfortunes Of his neighbors by the Use OF
the very money he owed to- Others. 1t may
have been due to the widow of some soldier
who fell in the front of battle, and she may
have actually suffered from the debt being
withheld from her. Other circumstances,
in other eases, make it just and right that
interest should run during thewar ,Phere
cannot be any absolute, fixed, peremptory
rule, applicable with equal .propriety and
justice to every case, though in the vast ma
iority of cases the interest should be abated.
But surely there can be no objection on the
part of any fair-lninded man to leave the mat
ter i'm every case to the decision OF u jury OF
his ncishbors and friends Hdrrtsonbtr9
Buckingham county Register: en-. ~