Paul v. Christie 4 H. & McH. 161

GENERAL COURT,

MAY TERM, 1798,

Paul et ux. Extx. of Dean, vs. Christie.

This was an action of debt upon a joint and several bond, executed by James Christie, and Robert Christie the defendant, to the plaintiffs testator, on the 30th of August 1775. The following case was stated for the opinion of the court, viz. That the bond, «pon which this suit is brought, was duly executed on the 30th of August 1775, by Jamas Christie and Robert Christie, to Hugh Heart, in his life-time, in which bon'd the said James was the principal debtor, and the said Robert bound as his security, jointly and severally. That the said James is and always has been a British subject, and the said Robert is a citizen of this state; and that before the impetration of the writ in this case, the whole of.the principal, (excepting SL) and all the interest due.on the said bond, (except the interest accrued from the 4th of July 1776, to the 3d of September 1783,) were paid .by the. said Jam.es to the plaintiff.

The question was, whether or not the plaintiff ought to recover interest from the 4th of July 1776,.to the 3d of September 1783, (during the. war between this country and Great Britain,) from the defendant?

Hollingsworth, for the plaintiffs.

Cooke and Milligan, for the defendant.