North v. . Mallett

Superior Court of North Carolina

North v. . Mallett

3 N.C. 151

DecidedNovember 5, 1801

StatusPublished

This text of 3 N.C. 151 (North v. . Mallett) is published on Counsel Stack Legal Research, covering Superior Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

North v. . Mallett, 3 N.C. 151 (N.C. Ct. App. 1801).

Pincite

Opinion

Per curiam,

Hall, Judge.

The payment ought in the first place to be applied to the discharge of the interest accrued, and if a balance of payments remains then to deduct it from the principal. If the plaintiff received the notes as payment the defendant should be credited from the day of the receipt, otherwise it •is, if he only made them his by delay and keeping them in his possession. The defendant may stop interest when he pleases by tendering the principal and interest, but it is not a legal tender to say, here I am ready ; he must have the money ready also.

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Per curiam,

Hall, Judge.

The payment ought in the first place to be applied to the discharge of the interest accrued, and if a balance of payments remains then to deduct it from the principal. If the plaintiff received the notes as payment the defendant should be credited from the day of the receipt, otherwise it •is, if he only made them his by delay and keeping them in his possession. The defendant may stop interest when he pleases by tendering the principal and interest, but it is not a legal tender to say, here I am ready ; he must have the money ready also.

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Bluebook (online)

3 N.C. 151, Counsel Stack Legal Research, https://law.counselstack.com/opinion/north-v-mallett-ncsuperct-1801.