Yellowly v. . Commissioners of Pitt County
Supreme Court of North Carolina
Civil action, tried before Moore, J., at Spring Term, 1875, IPitt Superior Court. The plaintiff brought an action upon an order issued by the Board of Commissioners in 1870, in these words and figures to-wit: No. 39. • “ Greenville, Oct, 27th, 1870. Treasurer of Pitt county pay to E. C. Yellowley or order six hundred and thirty dollars and sixty-nine cents out of the ■taxes of 1870, when collected. By order of the Board of County Commissioners. W. G. LITTLE, Chairman.
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Civil action, tried before Moore, J., at Spring Term, 1875, IPitt Superior Court. The plaintiff brought an action upon an order issued by the Board of Commissioners in 1870, in these words and figures to-wit: No. 39. • “ Greenville, Oct, 27th, 1870. Treasurer of Pitt county pay to E. C. Yellowley or order six hundred and thirty dollars and sixty-nine cents out of the ■taxes of 1870, when collected. By order of the Board of County Commissioners. W. G. LITTLE, Chairman. "W. A. Cherry, Cleric. The plaintiff demanded the payment of the order and interest thereupon. The defendant admitted that the…
1Opinion of the CourtRea.de, J.
The statute provides that “ all bonds, bills, notes, bills of exchange, liquidated and settled accounts, shall bear interest from the time they become due ; provided such liquidated and settled accounts be signed by the debtor, unless it be specially expressed that interest is not to accrue until a time mentioned in the said writings and securities.” Bat. Rev., ch. 10, sec. 4.
The plaintiff’s claim is evidently such a security ; it is not expressed in the writing that interest is not to be paid until a future time; and therefore it bears interest from the time of dema/nd upon the county…
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