Levingston v. Spear

Decided May 15, 1818

Supreme Court of South Carolina · decided 1818-05-15

This was an action of debt on a single bill. The brief states that “ the writ demanded the sum of 400 dollars, to wit, that he render unto him a certain debt of 400 dollars, which to him he owed,” &c. The defendant contended on the trial, that the Jury could not give more than the sum of 400 dollars.

Decided 1818-05-15

¶1The opinion of the Court was delivered by

Mr. Justice Gantt.

¶2From all that appears in this case, I am of opinion that the charge of the presiding Judge was correct and legal. The presumption is, that damages were laid to cover the interest, and the *69plaintiff was legally entitled to interest, by way of damages, for the time this money was withheld from him.

¶3The defendant can take nothing by his motion, and the verdict must stand. (See 1 st Chitty, 100.)

Grimké, Colcock, JVott, Cheves, and Johnson, J. concurred.