White's Adm'x v. Freeman

Citations

• 79 Va. 597
• 1884 Va. LEXIS 118

Syllabus

<p>1. Construction of Statutes—Penalties.—Code 1873, ch. 15, § 13, providing that if by a nevf law repealing a former law, any penalty, forfeiture or punishment be mitigated by any provision of the new law, such provision may, with the consent of the parties affected, be applied to any judgment pronounced after the new law takes effect, applies to forfeitures in civil as well as criminal cases. Mosby v. St. Louis Mutual Ins. Co., 31 Gratt. 629.</p> <p>2. Idem—Usury—Penalty.—Though the statute of usury, at date of contract, declares it to be null, yet if at date of decree the statute has been amended, and only annuls contract for interest, decree should be for principal loaned, with interest from date of decree.</p> <p>3. Usury—Pre-existing Debt.—Though the notes be usurious and null, yet if part of their consideration was a pre-existing valid debt, which continues to be a valid debt, the decree should be for the principal of the new notes, with interest on the pre-existing debt from the time it was entitled to bear interest. Bank of Washington v. Arthur, 3 Gratt. 165.</p>