24 April 1807

A3 3

Letter V

Inadequate compensation

3. Appeal vice Advocation

2. Where a debt in the shape of a sum of money is the subject of the demand, the profit of the defendant, to be made by staving off payment, will encrease of course with the length of time during which it can be staved off - i.e. with the interest upon the principal sum constituting the debt: like profit, though perhaps not always equal profit, where the subject of the demand consists not in money, but in some specific thing or assemblage of things moveable. To countervail this profit to the defendant this loss to the plaintiff - is any satisfaction provided at the defendant's charge? Oh no:- upon the principle so fully above explained - the Magna Charta of learned Lords and Gentlemen the application of any such check to business is carefully and religiously avoided:- in the Court appealed from on entering the Appeal, a Bond to be given for debt and costs; yes: for debt and costs: but not for damages: not for the ademption of dishonest gain, not for the making up of undue loss, under any name, Scotch or English.