Opinion
03-19-1812
Dunbar v. Linbenberger
Stanard, for the appellant. William Hay, jun'r, for the appellee, was absent.
In this case the action was indebitatis assumpsit, for non-payment of an inland bill of exchange, against Dunbar, the acceptor. The bill was described in the declaration, as drawn the 21st of October, 1807, for 374 dollars and 56 cents, payable nine months after date. A writ of inquiry of damages being awarded, the defendant " acknowledged the plaintiff's action," in general terms; but did not confess judgment for any particular sum. " It was therefore considered by the Court," (without having the writ of inquiry executed,) " that the plaintiffs recover against the defendant the sum of 374 dollars and 56 cents, with interest thereon, to be computed after the rate of six per centum per annum, from the 21st day of July, 1808, till paid, and their costs," & c. from which judgment the defendant appealed to this Court.
Judgment reversed and remanded.
Stanard, for the appellant.
William Hay, jun'r, for the appellee, was absent.
OPINION
Roane Judge
Thursday, March 26th, JUDGE ROANE pronounced the opinion of the Court, that, although the appellant acknowledged the action of the appellees, generally, yet he not having confessed a judgment for anv particular sum, it was incompetent for the Court to supply that defect, and assess the damages. The judgment was therefore reversed, and the cause remanded, that the writ of inquiry might be executed.