Chowan County, NC - Scott v. Drew and Others, 1811 From Chowan Under Laws 1801, ch. 10, sec. 4, 10 percent 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 6 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 £5,685 17s. 2d. for the payment of £2,842 18s. 6d. with interest from 1 August, 1800. Drew appealed, and at March Term, 1807, of Chowan Superior Court the plaintiff 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 10 per cent interest given by Laws 1801, ch. 10, was to be calculated. And it was submitted to the Supreme Court to decide, Whether the 10 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. Hall, J. The act of 1801, ch. 10, sec. 4, states, "that where a defendant, in any action of debt, etc., shall appeal, etc., and shall not, on the trial of such appeal, diminish the sum recovered by the plaintiff, etc., the party so appealing shall pay to the plaintiff the sum of 10 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," etc. The true construction of this act is that 10 per cent shall be paid upon the principal of the debt, and not upon the principal and interest added together. The Legislature intended to substitute 10 per cent in the place of 6 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. Source: NC Reports, 1811 NC Supreme Court Pg 24 ______________________________________________________________________ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm This file was contributed for use in the USGenWeb Archives by Guy Potts - gpotts1@nc.rr.com ______________________________________________________________________