Supreme Court of Connecticut, 1791

Starr v. Henshaw

Starr v. Henshaw
Supreme Court of Connecticut · Decided January 15, 1791
1 Root 242

Starr v. Henshaw

Opinion of the Court

By the Court.

Duplicity must be specially pointed out by the demurrer, or it will not hold. But here is no duplicity. It is not double nor inconsistent, to ask for the interest upon the judgment, or to enforce the reasonableness of having it by any agreement of the party or acts of assembly, or other reasonable cause. As the claim of interest was grounded upon the agreement of the defendant, indorsed upon the execution in manner aforesaid, and upon an act of assembly, which is a matter of record, the court had no difficulty in giving judgment for the interest with the principal.

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