Scott v. Drew, 6 N.C. 25, 2 Mur. 25 (1811)

July 1811 · Supreme Court of North Carolina

6 N.C. 25, 2 Mur. 25

Scott v. Drew and others.

Case agreed from Chowan.

Under the act of 1801, ch. 10, sec. 4, ten per cent, is to be calculated upon the principal of the debt only, from the rendering of the judgment in the County Court, to the rendering of the judgment in the Superior Court; and six per cent, thereafter until the debt be paid.

At November Term, 1804, of Bertie County Court, Scott obtained judgment against Drew in an action of debt, upon a bond conditioned in the penalty of £5685 17s. 2d. for the payment of £2842 18s. 6d. with interest from the first of August 1800. Drew appealed, and at March Term, 1807, of Chowan Superior Court, the Plaintiff1 obtained judgment; and on motion, judgment was rendered against his securities for the appeal. As the Defendant did not, in the Superior Court, diminish the amount of the judgment recovered against him in the County Court, a question arose, how the ten per cent, interest given by the act of 1801, ch. 10, was to be calculated ? And it was submitted to the Supreme Court to decide, Whether the ten per cent, given by this act shall be calculated upon the principal only of the said debt, or upon the aggregate amount of principal and interest due at the time of the judgment in the County Court ?

Haix, Judge,

delivered the opinion of the Court:

The act of 1801, ch. 10, sec. 4, states, “ that where a Defendant, in any action of debt, &c. shall appeal, &c. and shall not, on the trial of such appeal, diminish the sum recovered by the Plaintiff1, &c. the party so appealing shall pay to the Plaintiff the sum of ten per cent, to be computed from the time of rendering judgment in the County Court, to the time of rendering up judgment in the Superior Court, and the lawful rate per cent, from that time till the whole debt shall be paid,” &c. The true construction of this act is, that ten per cent, shall ^ pa{¿j Upon †|16 principal of the debt, and not upon the principal and interest added together. The Legislature intended to substitute ten per cent, in the place of six per cent, the legal interest, from the time of rendering judgment in the County Court, to the rendition of the judgment in the Superior Court, and to charge the Defendant with the lawful rate per cent, from that time till he paid the debt.