Pindall's ex'x v. Bank of Marietta
Pindall's ex'x v. Bank of Marietta
Opinion of the Court
A debtor owing a debt consisting of principal and interest, and making a partial payment, Has a right to direct its application to so much of the principal, in exclusion of the interest; and the creditor, if he receives it, is bound to apply it accordingly. And it is the general rule of law that interest shall not bear interest. This rule of law will, however, yield to the agreement of the parties, express or implied. If therefore a debtor, in consideration of forbearance, agrees with the creditor that he will pay interest on interest heretofore accrued, that agreement will be enforced. So also, I apprehend, if a debtor, in consideration of forbearance, agrees that he will, on a future
I am therefore of opinion that the court of chancery erred in giving interest on the interest. The decree must be reversed, and one entered up for 1450 dollars 6 cents, with the costs in the court of chancery.
The other judges concurring, decree reversed accordingly.
Reference
- Full Case Name
- Pindall's ex'x &c. v. The Bank of Marietta
- Status
- Published