
    William Cooley, Jun., versus Justus Rose.
    Assumpsit lies for the interest due on a promissory note, by which the interest is payable annually, although the prmcipal is not yet payable. (3 Mass Rep. 568.—Greerdeaf vs. Kellog, S. P.)
    This was an action of the case upon a promissory note, made by the defendant to the plaintiff, for 450 dollars, payable in nine years from the 18th of May, 1803, with interest from that day, the interest to be paid annually; and the plaintiff avers that the interest amounted on the 19th of May, preceding the commencement of the action, to the sum of 81 dollars, and that said last-mentioned sum became due on said last-mentioned day, and payable to the plaintiff, by virtue of said note. Yet, though requested, &c.
    To this declaration the defendant demurs.
   Ashman being about to argue, in support of the demurrer, that no action would lie in this case for the interest, until the principal. became due; the Court suggested to him that the point had been settled otherwise in several instances. He * said [ * 222 ] that, not having known that there had been any solemn decision in this Court, he had relied on the authorities in the books; out, upon this suggestion, he declined going into the question .

Phelps, for the plaintiff.

jDeclaration adjudged good. 
      
      
        [Hastings vs. Wiswall, 8 Mass. 455.—Stearns & Al. vs. Brown Ux., 1 Pick, 30.—Tucker vs. Randall, 2 Mass. 283.—Estabrook vs. Moulton, 9 Mass. 258.—Ed.]
     