{
  "id": 8661320,
  "name": "AIKEN v. CANTRELL",
  "name_abbreviation": "Aiken v. Cantrell",
  "decision_date": "1900-12-22",
  "docket_number": "",
  "first_page": "416",
  "last_page": "417",
  "citations": [
    {
      "type": "official",
      "cite": "127 N.C. 416"
    }
  ],
  "court": {
    "name_abbreviation": "N.C.",
    "id": 9292,
    "name": "Supreme Court of North Carolina"
  },
  "jurisdiction": {
    "id": 5,
    "name_long": "North Carolina",
    "name": "N.C."
  },
  "cites_to": [
    {
      "cite": "69 N. C., 89",
      "category": "reporters:state",
      "reporter": "N.C.",
      "case_ids": [
        2085453
      ],
      "opinion_index": 0,
      "case_paths": [
        "/nc/69/0089-01"
      ]
    },
    {
      "cite": "81 N. C., 61",
      "category": "reporters:state",
      "reporter": "N.C.",
      "opinion_index": 0
    },
    {
      "cite": "2 N. C., 279",
      "category": "reporters:state",
      "reporter": "N.C.",
      "case_ids": [
        8697164,
        8697111
      ],
      "opinion_index": 0,
      "case_paths": [
        "/nc/2/0279-02",
        "/nc/2/0279-01"
      ]
    }
  ],
  "analysis": {
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    "simhash": "1:e2cd58ef26721c52",
    "word_count": 352
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  "last_updated": "2023-07-14T19:36:22.932964+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "AIKEN v. CANTRELL."
    ],
    "opinions": [
      {
        "text": "Faikcloth, C. J.\nThe defendant held plaintiff\u2019s intestate\u2019s note, and plaintiff insists that the money actually paid and the property purchased by defendant were in excess of the true amount due on the note, and that question depends on a correct calculation of interest. The matter was referred, and the referee\u2019s report shows a detailed and itemized calculation of a dozen small credits, and the interest due from one credit to another, and finally concludes that defendant is due plaintiff $63.39. At the hearing, his Honor disregards the referee\u2019s calculation of interest and payments, and makes and sets out his Calculation of interest and payments in detail with much particularity. He concludes that defendant owes plaintiff nothing, and adjudges accordingly. If the referee and the Judge intended to calculate interest on the general rule, each one was mistaken as to the rule, in that they allowed interest upon interest, when the interest due at the day of the payment was more than tbe payment. The rule was first laid down in this State in Bunn v. Moore\u2019s Executors, 2 N. C., 279, and has been ever since followed. Overby v. Association, 81 N. C., 61. If they intended to calculate on the particular rule laid down in Bledsoe v. Nixon, 69 N. C., 89, we are unable to see whether they worked according to that rule or not, as neither the note nor a copy is sent with the record to this Court. We therefore remand, and order a\nNew trial.",
        "type": "majority",
        "author": "Faikcloth, C. J."
      }
    ],
    "attorneys": [
      "W. W. Zachary, for the plaintiff.",
      "No counsel for defendant."
    ],
    "corrections": "",
    "head_matter": "AIKEN v. CANTRELL.\n(December 22, 1900.)\nNew Trial \u2014 Appeal\u2014Remand\u2014Interest\u2014Computation\u2014 Usury \u2014 M andate.\nWhere the Supreme Court can not tell from the case on appeal by what rule interest was calculated m an account, or whether the calculation was correct, the case will be remanded for new trial.\nCivil Action by Mrs. A. M. Aiken, administratrix of L. 0. Aiken against J. MeD. Cantrell, beard by Judge T. A. McNeill, on report of referee, at Spring Term, 1900, of TRANSYLVANIA Superior Court. From judgment for defendant, the plaintiff appealed.\nW. W. Zachary, for the plaintiff.\nNo counsel for defendant."
  },
  "file_name": "0416-01",
  "first_page_order": 446,
  "last_page_order": 447
}