Page:United States Reports, Volume 1.djvu/268

 

SUPREME COURT of Pennʃylvania:

April Term, 1788.

HIS was an action of debt brought upon a bond, dated the 5th of June, 1779 ; the penalty of the bond being in “Ł 200 hard Money computing half Joes at Ł3; ”  and the condition, for the payment of “ the full and juft fum of Ł 100 hard Money, or Specie, computing half Joes at Ł3;   on the expiration of ƒive Years, from the date, with lawful intereft &c.” The Defendant pleaded Payment, to which the Plaintiff replied, Non Solverunt,  and iffue was there-upon joined.

It appeared at the trial, that the bond was given in confideration of a fum of Ł 500 Continental Currency, lent by the Plaintiff to the Defendants in June,  1779, when the feale of depreciation eftimates that money at twenty ƒor one.

Ingerʃol and  Sergeant, for the Defendants, contended, that the Plaintiff's demand was of an ufurious nature, and fo unreafonable,that it ought not in equity and good confcience to be allowed. They admitted, that the Jury could not fett afide the contract of the parties ; but infifted, that they might, and in this cafe ought to give only damages, according to what was juft and reafonable ; and that they were not bound to find the fum expreffed in the bond. 2 Vern. 402. 121. 1 Atk. 352. 2. ''Kaims Prine. Eq.'' 70. 2. ''Eq. Abr.'' 186. pl. 9.2 Vern. 14. 10 Mod. 503.

Lewis, for the Plaintiff−This is an action of debt upon a bond, and therefore the cafe of damages is not applicable, unlefs the Jury fhall think proper to give any thing beyond the penalty. There is nothing unfurious or unreafonable in the contract ; for, at the expiration of the five years, in which the bond was made payable, if the continental money had appreciated, the Plaintiff would have been a confiderable lofer. Befides, and Act of Affembly declared, that a Rh