Goldhawk v. Duane

Case Wo. 6,611. Limitations — Presumption as to Payment op Bond — Penalty—Interest. 1. Twenty years creates a presumption of payment of a bond, if no interest has been paid in that time. If a shorter period is relied upon, the presumption should be fortified by circumstances. TCited in Thompson v. Phillips, Case No. 13,-974.] [Cited in Cheever v. Perley, 93 Mass. 586.] 2. Nothing beyond the penalty of a bond can be recovered, but if more can be given, the damages are in the discretion of the jury, vrho are not bound by the rule of the contract; and, therefore, may give less than the legal, or agreed interest. [Cited in Lawrence v. U. S., Case No. 8,145; Brobst v. Brock, 10 Wall. (77 U. S.) 535.] [Cited in Murray v. Porter, 26 Neb. 288, 41 N. W. 1111.]

Debt on a bond for twelve hundred Sicca rupees, in the penalty of two thousand, executed at Calcutta in 1702, at twelve per cent, interest, payable in twelve months. On the 30th of December, 1794, the defendant published a notice in a Calcutta newspaper, addressed to his creditors, requiring them to bring in their accounts against him by the next day, as he was under compulsion to leave that place for England; and declaring that all accounts not so presented, would be considered as barred. The defendant, some time aft-erwards, but when was not proved, came to this country, where he has ever since resided. The testator [Nelson] lived not in Calcutta, but somewhere in the country, nor does it appear when he died, but probably in 1804, as the plaintiff then qualified as his executor. It was proved by one witness, that after he received from the plaintiff this bond to collect, he called upon the defendant for payment, who required time to examine his papers, stating, that he had some notion he had discharged it. He called again in about three months, when the defendant said he could find no offset against the bond, and would pay it cheerfully, if it were in his power. Payment was pleaded, and the defendant relied upon length of time, as presumptive evidence, to support the plea. The plaintiff demanded the penalty, which, at fifty . cents the rupee amounted to one thousand dollars, with twelve per cent, interest, amounting to about eleven hundred dollars.