
    GENERAL COURT,
    OCTOBER TERM, 1793.
    John B. Bordley against Eden and Court.
    THIS was an action of assumpsit for money had and received, and insimul computasset. General issue, plea.
    
      Case stated. It is agreed in this case, that on the 30th June, 1776, the defendants were indebted to the plaintiff upon an open account, the sum of 146/. 13s. 3d. sterling money. That during the war between Great Britain and America, the plaintiff drew a bill of exchange on the defendants, {Britisft merchants, and residing in London,) which they protested. It is agreed, that upon peace taking place between the said countries, the agent of the defendants in America offered to pay the principal of the sum due to the plaintiff, which he refused to accept, unless the defendants would also pay interest thereon from the 30th June, 1776. That at length, on the day-of , after the commencement of this suit, the plaintiff signified his desire to receive the principal sum, and to leave the subject of interest open to future discussion, upon which the said principal sum was immediately paid by Joseph Court, 'the agent of the defendants, to the plaintiff; and if the court, on these facts, shall be of opinion that the plaintiff is entitled to recover any thing further of the defendants, then judgment to be entered for the same, and costs, against the defendants : but if the court shall be of opinion that the plaintiff is not entitled to recover any thing further of the defendants, then judgment of nonsuit to be entered.
    Key, Att. for the plaintiff.
    Cooke, Att. for the defendants.
   The general court gave judgment upon the case stated for the defendants, “ that no interest is to be allowed during the war in this case.”  