In an action upon a negotiable instrument, to which there is no good defense, the measure of damages is the face10 of the paper with legal interest from the time of the breach.

and agreed upon between the parties, that very sum is the ascertained damage, and the jury are confined to it." Lord Mansfield in Lowe vs. Peers, 4 Burr, 2225 2229. For a discussion of liquidated damages, see Volume VII, Subject 20. 6 West vs. Pritchard, 19 Conn., 212; Safety vs. Gilmore, 21 Iowa, 588; Smith vs. Berry, 18 Me., 122.

7 A. D. Piffer, etc., Mfg.ICo. vs. Lucas, 112 N. C, 327, 17 S. E., 174, 19 L. R. A., 682.

8 Sutton vs. Dada, 15 Colo., 98, 25

Pa., 90; Hurd vs. Hubbell, 26 Conn., 389; Riley vs. Martin, 35 Ga., 136.

9 Romaine vs. Van Allen, 26 N. Y., 309. 10 Including interest up to the time of the breach according to the terms of the instrument.