Hodgdon v. Hodgdon
Superior Court of New Hampshire
in an action of debt upon a judgment, upon which payments have been made, interest is to be cast upon the judgment in the same manner as upon a note of hand, which has been in part paid. This was an action of debt upon a judgment rendered by this court, at November term, 1815, in this county, for $28G debt, and $66 89 costs of suit.
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in an action of debt upon a judgment, upon which payments have been made, interest is to be cast upon the judgment in the same manner as upon a note of hand, which has been in part paid. This was an action of debt upon a judgment rendered by this court, at November term, 1815, in this county, for $28G debt, and $66 89 costs of suit. The defendant had paid to the plaintiff, at several times since the said judgment was rendered, several sums, amounting in the whole to $345 75, which had been accepted in part satisfaction of the judgment, and the question was, in what manner interest was to be…
1Opinion of the Court
Richardson, C. J,,
delivered the opinion of the court.
It seems to be well settled as a general rule, that where the whole amount of the principal has been paid, no action can maintained for interest(l); and the question now to be decided, seems to have had its origin in an attempt of this defendant to apply this general rule to the case now before us. His argument is this ; if when the whole principal has been paid, no action can be maintained for the interest, then when a part has been paid, no interest ought to be recovered for any detention of that part. But a very slight attention to the…
2Cited by2 opinions
- McIlvaine v. WilkinsSuperior Court of New Hampshire · 1841
- Ross v. RussellSuperior Court of New Hampshire · 1855