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1 Va. 8

Pleasants v. Bibb

Court of Appeals of Virginia

Decided April 15, 1791

Court of Appeals of Virginia · decided 1791-04-15

This was an action of debt brought in the County Court of Prince Edward by the appellant upon a bond bearing date the 1st of February 1780, with condition to pay ¿105 9 2£ on or before the 17th of December 1781, with interest thereon from the 16th of February 1779. Upon the plea of payment, the parties consented to submit the trial of the cause to the Court without a jury.

Decided 1791-04-15

The PRESIDENT

¶1delivered the opinion of the Court.

¶2The single question upon this record is, at what period the scale of depreciation should be applied to the bond upon which the judgment was rendered.

¶3The bond was dated on the 1st of February 1780 with condition for payment on the 17th of February 1781, with interest from the 16th of February 1779, thereby indicating, if not expressing, that the debt arose on the day last mentioned, though not reduced to a specialty until the year 1780. The record also contains letters from the obligor, shewing the debt to have arisen on account of money lent at different times in the'year 1779.

¶4Upon the bond and those circumstances, the County Court very properly decided that the debt arose in February 1779 and was to be scaled ás of that period. The^ judgment of the District Court which considered the date of the bond as the proper period for scaling, is therefore erroneous, and must be reversed, and that of the County Court affirmed.

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