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31 Ky. 429

Ward v. Everett

Court of Appeals of Kentucky

Decided October 21, 1833

Court of Appeals of Kentucky · decided 1833-10-21

<p>The chancellor cannot allow interest on ajudg-mentwhich does not bear interest at law — and must enjoin it, when the payments are equal to the damages and costs.</p> <p>A charge for a commission, or discount, on a bill of exchange received in payment,. must be proved —courts will not take notice of a mercantile usage, to. allow it.</p>

Decided 1833-10-21

Chief Justice Robertson

¶1delivered the Opinion of the Court.

¶2It seems to this court, that the circuit court erred in not perpetuating the injunction to the entire judgment.

¶3As the judgment was for damages, interest did not accrue on it. And the payments since made, extinguished the principal sum adjudged for damages and costs.

¶4There having been such extinguishment at Zaw, the chancellor should not withhold a decree enjoining any further collection by execution, merely because he may think that, in foro conscientúe-, the complainant ought to have paid interest. The judgment was satisfied, and cannot for any part be enforced.

¶5Nor should the chancellor have allowed one half per cent, on the bills of exchange. There is no proof to justify the allowance, and this court cannot know that, without any proof, the lex mercatoria gives one half per cent.

¶6Decree reversed, and cause remanded, with instructions to perpetuate the injunction to the whole judgment.

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