Legal Opinion

Custom Molders, Inc. v. American Yard Products, Inc.

Supreme Court of North Carolina

Decided November 3, 1995No. 326PA94PublishedCited by 15 opinions

1Opinion of the Court

FRYE, Justice.

The crucial question in this case is whether a judgment for money damages in an action not based on contract bears postjudgment interest. We hold that it does.

There seems to have been no doubt regarding this question prior to the enactment of chapter 327 of the 1981 Session Laws. Prior to that time, N.C.G.S. § 24-5 provided as follows:

§24-5. Contracts, except penal bonds, and judgments to bear interest; jury to distinguish principal. — All sums of money due by contract of any kind, excepting money due on penal bonds, shall bear interest, and when a jury shall render a verdict…

2Cases cited15 opinions

  1. Concrete Service Corp. v. Investors Group, Inc.Court of Appeals of North Carolina · 1986
  2. Schofield v. Great Atlantic & Pacific Tea Co.Supreme Court of North Carolina · 1980
  3. Lowe v. TarbleSupreme Court of North Carolina · 1985
  4. Concrete Service Corp. v. Investors Group, Inc.Court of Appeals of North Carolina · 1986
  5. Morris v. BaileyCourt of Appeals of North Carolina · 1987

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3Cited by15 opinions

  1. First Atlantic Management, Corp. v. Dunlea Realty, Co.Court of Appeals of North Carolina · 1998
  2. Johnson v. Colonial Life & Accident InsuranceCourt of Appeals of North Carolina · 2005
  3. McNamara v. Wilmington Mall Realty Corp.Court of Appeals of North Carolina · 1996
  4. Guessford v. Pennsylvania National Mutual Casualty InsuranceDistrict Court, M.D. North Carolina · 2013
  5. Llera v. SECURITY CREDIT SYSTEMS, INC.District Court, W.D. North Carolina · 2000

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