Clement v. Grant

McAdam, Ch. J.

The plaintiff sues for $72.70, with interest from January 5,1888, The defendant admits the debt, and relies for his defense on a plea of tender. The dispute arose over a trifling claim of interest. The plaintiff now moves that the action be severed, that he be allowed judgment for the principal, $72.70, and proceed (if he so elects) for the trifling demand for interest. The answer to the application is that the interest is a mere incident of the principal, and, as a necessary consequence, follows it (1 City Ct. R. Suppl. 47). The interest cannot be separated from the principal…