16 Vt. 297 | Vt. | 1844
The opinion of the court was delivered by
It is needless to repeat the rules which this court has laid down upon the' subject under consideration. Suffice it to say that we have no 'disposition to relax or vary them. The ques
T.he decisions in this state have never required that the action should be brought upon the new promise, unless it goes to alter and restrict the original liability. And that could not be pretended in this instance, after a reasonable time had elapsed for the defendant to call and settle the account.
There appears to be no substantial ground -for the objection in regard to interest. The defendant could have disavowed his liability for interest, as well as for the principal debt; or have protected himself in reference to either, by any limitations which he saw fit to claim. But since he promised, with no such qualification, to settle the account, it should be supposed that he intended a-settlement in the usual manner, including interest on the balance, if required, according to the general usage in this state.
Judgment of countj court affirmed.