
    Hubbard v. Blow & Barksdale.
    April Term, 1792.
    
      Debí on Note-Failure of Declaration to Claim interest -Effect. — Debt upon anote for a certain sum of money, with interest from the date, fi the declaration do not claim interest, judgment upon non sum informants, must be entered, for the principal only.
    
      
      See Brooke v. Gordon, 2 Call 212 ; monographic note on "Debt, The Action of” appended to Davis v. Mead, 13 Gratt. 118.
    
   This was an action of debt, brought in the County Court, by the present appellees, upon a promissory note given for the payment of ,£319: 8: 7: with interest from the date. The declaration states the principal sum right, but takes no notice of the interest.

The defendant, without oyer, pleaded payment: afterwards withdrew the plea ■and suffered judgment by non sum informa-tus, which was entered for the principal and interest as expressed in the note. The defendant appealed to the district court, where the judgment was affirmed; and on appeal to this court, both judgments were reversed, and judgment entered according to the demand in the declaration, without interest.  