
    Brooke v. Gordon.
    [April Term, 1800.]
    Interest — Declaration.—If the declaration does not demand interest, and the defendant waives his plea the Court cannot give judgment for interest.
    B. and S. Gordon brought an action of debt in the County Court upon a promissory note, for ^70. ; The declaration demanded the seventy pounds only, without any mention of interest and concluded to the plaintiffs damage thirty dollars. The defendant took oyer of the note which was in these words, “Messrs. Samuel and Bazil Gordon, Falmouth, Gentlemen, I will ninety days after date hereof pay to you or order seventy pounds for value received of Robert B. Voss, John T. Brooke, December 23d, 1795.” The' defendant plead payment. Which he waived at a subsequent Court; and thereupon the County Court gave judgment for the plaintiff for £10., with interest from the 23d of December 1795 till payment, and the costs. From which judgment the defendant appealed to the District Court; where the said judgment was reversed with costs; and the District Court proceeding to give_ such judgment as the County Court ought to have given, entered judgment for the £10. only, and the costs in the County Court.
    From which judgment the defendant appealed to this Court.
    ^Williams for the appellee.
    The judgment of the District Court is right according to the decision of this Court in the case of Hubbard v. Blow.
    
    
      
      See monographic note on “Interest” appended to Fred v. Dixon, 27 Gratt. 541.
    
    
      
      April term, 1792.
    
   Per. Cur.

Affirm the Judgment of the District Court.  