The Valley Virginian. [volume] (Staunton, Va.) 1865-1895, 1877-09-20

and Mai. Hart.
SUPREME COURT OF APPEALs.-The fol-
lowing are the proceedings Of the Supreme
Court of Appeals-Judges Moncure, Sta
Piles, Christian and Burks sitting-since our
last issue:
THURsDAY.-An appeal was allowed on
petition of VIM. Jordan from the decree of
the Circuit Court of Augusta, in the case Of
Robert C. Eve, trustee, VS.. Jordan.
DECISIONS following decisions were
made public
Cecil & Perry VS.. Hicks, from the Circuit
Court of Tazewell. Judgment of lower
court affirmed.
On the 18th day of October, 1871, bond
was executed by G. & 2. to H. as follows
$1,000.
six months after date, we promise and bind
yourselves, our heirs, &C. to pay to Fl. or order,
the sum of seven thousand dollars $4,000 with
interest at the rate of - per centum per
annum from date. Value received. Wit
ness our hands and seals, Octo. 18th, 1871.
E g. { fssa1.}
July 18th, 1875, an action of debt was
brought by II. against C. & P. on this bond,
and on the 18th of September, 1875, judg-
ment by default was rendered by the court
for $1,000, with interest at II per cent. per
annum from date, till paid, and costs.
In April, 1877, c. & P. notified Fl. that,
as the Judgment should have been for II per
cent only until maturity, and after maturity
till payment for only six per cent, they
would move the court, at its next term. to
correct the judgment accordingly.
The motion was made and dismissed with
costs, the court being of the opinion that
there was no error.
Court held that the contract ought to be
construed as if the words sstill paid'' had
been inserted after the words ''from date"
and that such was their obvious meaning.
These words were ne coubt omitted be-
cause the parties deemed it only necessary
to agree on some legal rate, and the date
from which it should commence, believing
it would continue to run until payment.
They never could have intended that if
the debtor made default in payment at
maturity, he should thereafter pay interest
at half the rate he had agreed to pay while
he had right, under his contract, to with
hold the principal.
AS it world have been lawful for them to
insert these words. had they deemed it ne
to express their meaning, and it is
certain they would have done so if they had
anticipated default in payment, or any doubt
or difficulty in regard to the debtors iabili-
ty for contract rate till payment, can there
be any doubt that such was the meaning, If
not the very words of the contract? Mon.
cure, P. delivered the opinion.
zimmerman vs.. Sanger & ais, from the
Circuit Court Of Wythe county. Decree of
Court below affirmed opinion delivered
by Judge Staples.
Snavely VS.. Pickle 6 ais. from the Cir
cult Court Of Smythe county. Decree of
Court below reversed--opinion delivered by
Judge Burks.
FEIDAY-Sitlington w. Kinney's admir-,
&C., from Circuit Court of Highland county,
partly heard.
SATURDAY-Sitlington vs.. Kinney's adj
mr., &C., fully heard, and submitted.
Forrer vs.. Forrer's executors. &c., from
Circuit Court Of Augusta county, partly
heard. 4
MONDAY-Court not in session.
TUEsDAY-Forrer VS.. Forrer's executors,
further argued by H. W. shefey for appel
liant and Geo. M. Cochran for appellees, and
e. 3
John B. Spiece, executor Of John Kudl-
sell, VS.. VIM. H. Rodes and wife. from Mel
son county, submitted on printed arguments.
Ellen Warwick by &c. VS.. Warwick &
ais, from Nelson county. continued till
next term.
Mackey VS.. Mackey's admir-, from Rock
bridge county, submitted on printed argu.
ments.
Johnson's executor VS.. The National Elk
change Bank of Richmond & ais, from
Rockbridge county, submitted on printed
arguments. -
Wolfe vs.. Curd &c ais, from Augusta coun'
ty. dismissed.
Campbell VS.. Smith, from Rockbridge
continued TIL next term.
WEDNESDAY-Mar rims executrix q ais
VS.. Lewis executor 6 ais, from Albemarle.
partly argued by H. W. Shelley for appel
lants and W. J. Robertson for appellees
Judge Staples not sitting.
The case Of Lightner's trustee q ais. VS.
Bushong & ais, from Augusta, was set fol
next Tuesday, when Judge Anderson vii
probably be present.