10 F. Cas. 379
U.S. District Court
Decided November 15, 1804
U.S. District Court · decided 1804-11-15
Writ of inquiry, upon a judgment on demurrer in an action of covenant on a lease; breach, not paying rent contended that as the landlord has a summary process to compel payment, he is not entitled to interest. Mr. Youngs. The action is covenant and sounds in damages, and the jury alone can assess them.
Decided 1804-11-15
¶1instructed the jury that they were as much bound to give interest on the arrears of rent as on any other debt by specialty; that it is in the power of the jury to refuse interest; and if they refuse, it is in the power of the court to grant a new trial.
¶2Yerdict for plaintiff, including interest.
¶3A new trial was afterwards granted on the ground of misdirection of the jury by the court
¶4[See Cases Nos. 5,427-5,420.]