Page:United States Reports, Volume 2.djvu/127

 Suraura Coun or Pemyjloaniai rar The Curse Jusrrcn now delivered the unanimous opinion r7gr; of the Court. vs`) M‘Kuu, Cbigf _‘}'¤_¢iee. The defendants have moved, that the judgment rendered on the verdi£l: in this caufe, ihould be Rayed on feven grounds ; and they have aiiigned one ground, upon which a new trial ought to be granted. _ _ A motion foranew trial ihould not be made, after a motion in arrefi: of jud ent, unlefs in cafes where the part had no knowledge of thlenfaét, at the time of moving in arreii of judg. ment. For, by moving in arreft of judgment, you tacitly admit the vcrdi€t is good. 2 Sak. 647. Bull. M P. .326. and r Burr. §34· This is alfo fettledby the gzd printed rules of this Court; ywhich it is ordered, that no motion for a new trial ihallbe made, after a motion ln arreil: of judgment. I {hall, therefore, in thlefrit place, conlider the reafon offered for a new trial. It s been faid, that the verdiét was againft evidence, becaufe the fury allowed intereii on the fum demanded, {2663 L2, for two years aud nine months more than they ought to ve allowed, to wit, from the 4th of November, 1783, thedate of the writingon which the aétion is brought, until the 12d of dugg/l, 1786, when the writ was fcrved; alledging that ewi: Lumix, for whcfe ufe the infomation is exhibited, had by his own orders fufpended the remiilion of the money to him during that period. This allegation is made on the depoiition of ffabn Sableniere, who faid, that Mr. fam: Laeaze arrived at Bezerdeaux, in Ma»·rb, _r784, and in a converfation with Lewis Lanoix, on the gth of April, he, Mr. Lanoix, agreed to keep the bills of exchange, drawn by Lacaze and Mallet, upon Laeaze {9* Saw, for the fum due, and delired Mr. fame: Lacaze to write to Mr. Mallet, his partner in Pbiladehb/Jia, not to remit the lilver ;·» which was done; and it did not appear in evidence, that any further demand was made until the 23d of Angry}, 1786, the day on which the writ in this caufe was ferved. Upon this evidence, the Jury may have concluded, that Mr. Lumix only excz¢d the remittance of the tilver during this time, merely as an indulgence to Lacaze and Mallet, and from an expeétation that Laeaze Cf San: would honor the bills ; ‘ but being difappointed, he ought to have intereft for the money, as il no fuch indulgence had been granted; that the forbear- ance was at the inllance of fame: Lacaze, and to oblige him, and that Lanaix {hould not be a lofer by it. The Jury, perhaps, lhould not have allowed interelt for the time it would have reahmably taken to remit thc iilver from Pluladelobia to Bour- deaux, for Mr. Lanoix. Be this as it may, it was a fa€t pro· perly within the province of the jur ; it was their duty to con- tzder ami determine it ; and, in fuch cafes, tho' legal intereit is Q, the

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