Pierce v. Flower
Pierce v. Flower
Opinion of the Court
delivered the opinion of the court. The plaintiff and appellee, being at Louisville, in Kentucky, on a voyage down the river, took charge of a flat boat laden with flour, consigned to the appellants, which
The appellee’s claim is resisted, on the ground, that from the depositions of some of the witnesses, it would seem that he was requested by Conway, to take charge of the boat; and that appearing in the character of substitute of the master, he is liable for the damage which happened to the boat and cargo, in the river Kentucky. This objection, however, is of little weight; for the depositions which relate to what Conway told the appellee, are
Upon the whole, the demand of the appellee appears to be a most equitable one.
It has been observed by the appellants, that should they be condemned in this court to pay the sum awarded against them in the court below, still they are not liable to pay interest on it, since the judicial demand, as the amount of the appellee's claim was not liquidated until judgment was pronounced in the suit. It is generally allowed, that interest is not recoverable for unliquidated damages, or on uncertain demands; and we see no reason why it should be otherwise in this case. The judgment of the parish court must be reformed in that part.
It is, therefore, ordered, adjudged and decreed, that the judgment of the parish court be reversed: and that judgment be entered for the plaintiff, for four hundred dollars, and the costs in the inferior court.
Reference
- Full Case Name
- PIERCE v. FLOWER & AL.
- Cited By
- 3 cases
- Status
- Published