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58 N.C. 167

Johnson v. . Johnson

Supreme Court of North Carolina

Decided December 5, 1859

Supreme Court of North Carolina · decided 1859-12-05

Cause removed from the Court of Equity of Yadkin County. The suit was against an executor for the payment of a legacy. There was a decree for an account to ascertain how much was due to the plaintiff as executrix of Hezekiah Johnson, the legatee.

Decided 1859-12-05

PeaRSON, C. J.

¶1 The exceptions filed by the plaintiff raise a question as to the mode of applying credits and calculating interest. We think the principle insisted oil by the plaintiff is the true one. The exceptions are, therefore, allowed and the account must be reformed accordingly. The principle is settled that a payment should be applied to extinguish the interest on the amount of the sum due at the elate of the payment and the residue, if any, be applied in extinguishment of principal.

¶2 The report will be reformed according to the opinion by a reference to the clerk.

¶3 Pee Curiam, Order to refer the report for correction.

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