Difference between revisions of "Brewer v. Hastie & Co."

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==Background==
 
==Background==
Hastie & Co., British subject, sued Brewer in the High Court of Chancery for a fairly large dent regarding tobacco and grain. Brewer made multiple payments to resolve the debt and frequently asked Hastie & Co. for a final settlement amount. After receiving an inaccurate bill in 1774 or 1775, Brewer went to Petersburg to settle but found that Hastie & Co. had left the country. Not long after, the war broke out and Brewer never paid the debt. Since a petition had been filed in court, the Court of Chancery referred the account to the Commissioner’s office who stated that Brewer owed the balance of the bill as well as interest starting from September, 1775.
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Hastie, a British subject, sued Brewer in the High Court of Chancery for a fairly large tobacco and grain debt. Brewer made multiple payments to resolve the debt and frequently asked Hastie for a final settlement amount. After receiving an inaccurate bill in 1774 or 1775, Brewer went to Petersburg to settle the debt, but discovered Hastie left the country. In 1776, the American Revolution began and Brewer never repaid the debt. Since the petition was previously filed in the Court of Chancery, Chancellor Wythe referred the account to the Commissioner’s office. The Commissioner decided that Brewer owed the balance of the bill as well as interest starting from September 1775. Chancellor Wythe agreed with the Commissioner's findings.  
 
===The Court's Decision===
 
===The Court's Decision===
Brewer appealed to the Court of Appeals who found it unreasonable to charge Brewer an eight-year interest on the debt. Instead, the Court determined that Brewer should only pay the cost of the original debt.
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Brewer appealed the judgment to the Court of Appeals. The Court found it unreasonable to charge Brewer an eight-year interest on the debt, particularly since it was incurred during a time of war. Instead, the Court determined that Brewer should only pay the cost of the original debt.
 
==See also==
 
==See also==
 
*[[Wythe's Judicial Career]]
 
*[[Wythe's Judicial Career]]

Revision as of 11:06, 15 December 2017

File:BrewervHastie&Co.pdf

Brewer v. Hastie & Co., Call Vol. III 21 (1801),[1] was a case involving a debt incurred prior to the American Revolution and the obligations of the debtor eight years after the Revolution began.

Background

Hastie, a British subject, sued Brewer in the High Court of Chancery for a fairly large tobacco and grain debt. Brewer made multiple payments to resolve the debt and frequently asked Hastie for a final settlement amount. After receiving an inaccurate bill in 1774 or 1775, Brewer went to Petersburg to settle the debt, but discovered Hastie left the country. In 1776, the American Revolution began and Brewer never repaid the debt. Since the petition was previously filed in the Court of Chancery, Chancellor Wythe referred the account to the Commissioner’s office. The Commissioner decided that Brewer owed the balance of the bill as well as interest starting from September 1775. Chancellor Wythe agreed with the Commissioner's findings.

The Court's Decision

Brewer appealed the judgment to the Court of Appeals. The Court found it unreasonable to charge Brewer an eight-year interest on the debt, particularly since it was incurred during a time of war. Instead, the Court determined that Brewer should only pay the cost of the original debt.

See also

References

  1. Daniel Call, Reports of Cases Argued and Adjudged in the Court of Appeals of Virginia, 3rd ed., ed. Lucian Minor (Richmond: A. Morris, 1854), 79.