M'Kinlay v. Blackledge, 3 N.C. 28, 2 Hayw. 28 (1798)

March 1798 · North Carolina Superior Court

3 N.C. 28, 2 Hayw. 28

M'Kinlay vs. Blackledge.

/“^ASE upon a promisory note to' pay at the expiration of se- ^ veu years from the date, without interest.; the seven years elapsed mor,e.than,two years ago. .... ■.

Baker, for. the defendant,

contended that the plaintiff ought' not to recover interest nor be allowed.damages for it;, the party having expressly provided that he should not be liable.to interest.

Per curiam...

Haywood; and Stone, Judges.-

This contract was made upon an; expectation that it would be performed-.at the expiration of .the seven years, and the.w.ords ‘‘without interest,” are applicable to. the seven, years ; they cannot be- -supposed to extend to the case of a delay of paymenfeaffer that time ; interest is allowable for the delay of.pavipent.after that time.-;. , •.

There was a verdict accordingly.