
    Toliver Levingston against John Spear.
    Id debt on a single bill for a certain sum, thé Jury are not restricted to giving a verdict for that precise sum only, but may superadd interest thereon, in the name of damages.
    This was an action of debt on a single bill. The brief states that “ the writ demanded the sum of 400 dollars, to wit, that he render unto him a certain debt of 400 dollars, which to him he owed,” &c. The defendant contended on the trial, that the Jury could not give more than the sum of 400 dollars. The presiding Judge, Mr. Justice Bay, was of opinion, and so charged the Jury, that interest should also be given, by way of damages, from the time the payment became due to the trial of the case. The J ury were governed in their verdict by the charge of the Court, and found the sum of 493 dollars, and costs of suit. The defendant moves to set the verdict aside, and in arrest of judgment, on the following grounds:
    1st. The verdict is for a greater sum by 93 dollars, exclusive of cost, than the writ demands.
    2d. Because his honour misdirected the Jury when he informed them they might give such verdict.
   The opinion of the Court was delivered by

Mr. Justice Gantt.

From all that appears in this case, I am of opinion that the charge of the presiding Judge was correct and legal. The presumption is, that damages were laid to cover the interest, and the plaintiff was legally entitled to interest, by way of damages, for the time this money was withheld from him.

The defendant can take nothing by his motion, and the verdict must stand. (See 1 st Chitty, 100.)

Grimké, Colcock, JVott, Cheves, and Johnson, J. concurred.  