Opinion
01-01-1820
Isaac Larowe v. Charles Binns, Adm'r of William H. Harding, Dec'd
The Plaintiff brought debt against the Defendant, upon a judgment which had been rendered against the Intestate, in his lifetime, on a single bill, for two hundred and forty-seven dollars. At the trial, the Plaintiff gave in evidence, the record of the judgment aforesaid, and the Defendant gave in evidence, payments made to the Plaintiff, which reduced the debt to $ 53 56, for which last sum the jury rendered a verdict in favor of the Plaintiff. The Defendant moved the Court to arrest the judgment, because the debt was reduced below the sum of $ 100, by payments, which did not come within the reason of a reduction by set-offs, or discounts. The Superior Court of Loudoun, (where the suit was brought, and the trial had.) adjourned the question to this Court, whether it ought to render a judgment on the said verdict.
OPINION
Per Curiam.
"The Court is unanimously of opinion, that no judgment ought to be rendered on the verdict of the jury in this Case, because the debt was reduced by payments, and the sum found is under one hundred dollars."