Stevens v. Barringer
New York Supreme Court
This was an action of assumpsit, tried at the Albany circuit, in March, 1832, before the Hon. James Yanderpoel, one of the circuit judges. The plaintiff sued as the endorsee of a note given by the defendants to one Edward Squire for $650, jj, dated 12th May, 1828, payable two years after date, with interest after one year.
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This was an action of assumpsit, tried at the Albany circuit, in March, 1832, before the Hon. James Yanderpoel, one of the circuit judges. The plaintiff sued as the endorsee of a note given by the defendants to one Edward Squire for $650, jj, dated 12th May, 1828, payable two years after date, with interest after one year. On the 4th May, 1830, the plaintiff served on the defendants an injunction from chancery, restraining themfrom paying the note to the payee or any other person, which injunction was issue on the filing of a bill against the payee and one Jesse Squire: On 6th October, 1831,…
1Opinion of the Court
By the Court,
Savage, Ch. J.
The last point taken by the defendant’s counsel would be conclusive in their favor, if it was sustained by the fact; but the testimony of Mr. Harris, the plaintiff’s attorney, is a complete answer to that point. The defendant, Van Alstyne, proposed to pay the principal and one year’s interest, which "Mr. Harris received and endorsed, as so much paid on the note; not as the whole principal and one year’s interest.
It is well settled that interest cannot be recovered where there is no principal due. Interest is not a part of the debt, but something added to it by way…
2Cases cited1 opinion
- Prescott v. ParkerMassachusetts Supreme Judicial Court · 1808
3Cited by14 opinions
- East Tennessee Land Co. v. LeesonMassachusetts Supreme Judicial Court · 1903
- In re Estate of StottCalifornia Supreme Court · 1877
- Southern Central Railroad v. Town of MoraviaNew York Supreme Court · 1871
- Moscow Fire Insurance Co. of Moscow v. Heckscher & GottliebAppellate Division of the Supreme Court of the State of New York · 1940
- Gillespie v. MayorNew York Court of Chancery · 1841
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