Calton against Bragg
| Jurisdiction | England & Wales |
| Judgment Date | 10 February 1812 |
| Date | 10 February 1812 |
| Court | Court of the King's Bench |
English Reports Citation: 104 E.R. 828
IN THE COURT OF KING'S BENCH
Discussed, Farquhar v. Farley, 1817, 1 Moore, 326. Followed, Higgins v. Sargent, 1823, 2 B. & C. 350.
calton against beagg. Monday, Feb. 10th, 1812. Interest is not allowable by law upon money lent generally, without a contract for it expressed, or to be implied (a)1 Vide Orr v. Maginnis, 7 East, 359, and Legge v. Thorpe, 1-2 East, 171. (of Le Blanc, J. was absent as before. (5) 1 Esp. N. P. C. 302. (c) Vide Nicholson v. Gouthitt, 2 H. Blae. 609, and Esdaile v. Sowerby, 11 East, 114! 15 EAST, 224., CALTON-V. BRAGG 829 from the usage of trade, or from special circumstances, or from written securities for the payment of principal money at a given time. [Discussed, Farqubar v., Farley, 1817, 1 Moore, 326. Followed, Riggins v. Sargent, 1823, 2 B. & C. 350.] The plaintiff declared upon the common counts for goods sold and delivered, for money lent, money paid, money had and received, and also upon a count for interest due to him for the forbearance of sums of money before then lent and advanced by him to the defendant, and paid, laid out and expended for his use, and had and received by the defendant to the use of the plaintiff, &c. It was stated at the trial before Bayley, J. at Dorchester, that there had been a running account between these parties, in the course of which the plaintiff had supplied the defendant with goods, and had also lent him several sums at different times, to the extent on one occasion (as it was now stated in Court) of 1001.; the balance of the account however had been paid by the defendant to the plaintiff for the goods sold and for the money lent, but not for interest on the latter; which balance the plain-[224]-tiff had received, saving his claim for interest, to recover which this action was brought; and the learned Judge directed the jury to find for the plaintiff for the amount of the interest proved, which was 351.; reserving the question for the opinion of the Court, whether interest was by law due or could be recovered in such a case; and the defendant's counsel had liberty to move to set aside the verdict and enter a nonsuit. This motion was accordingly made by Burrough in last Michaelmas term, and a rule to shew cause granted ; Bayley, J. at the same time observing that there was no evidence of any course of dealing-between the parties from whence it might be inferred that interest was tacitly agreed to be taken. Gaselee and Moysey now shewed cause against the rule, and contended that interest ran upon money lent, though there was no contract express or implied for that purpose; because the lender would otherwise lose the...
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