
    HORNER v. DELAWARE AND RARITAN CANAL COMPANY.
    
      J. S. Green for the defendants,
    applied for an order to correct the indorsement on the execution issued in this case, so that interest be credited on a payment made by the defendants previous to the verdict rendered against them, for the value of plaintiffs’ lauds taken by and for the use of said company.
    The credit applied for, was for interest on the payment from the day when paid, until the day of rendering the verdict, inasmuch as the jury had no authority to allow such interest.
    
      H. W. Green, contra.
    The defendants had possession of the land at and from the time of said payment, and ought not to have that and interest also. If a party pay money before it is due, he cannot recover interest thereon in an action for money had and received.
    
      Hamilton in reply.
    On ante due payment endorsed on a bond, interest would be allowed.
   By the Court.

Both the payment and the verdict had reference to the time of defendants’ taking possession of the land. Interest ought not to be allowed. The defendants have neither legal nor equitable right to the interest claimed.

Order refused.  