{
  "id": 11960067,
  "name": "Freeland, Assignee vs. Edwards",
  "name_abbreviation": "Freeland v. Edwards",
  "decision_date": "1798-04",
  "docket_number": "",
  "first_page": "49",
  "last_page": "49",
  "citations": [
    {
      "type": "nominative",
      "cite": "2 Hayw. 49"
    },
    {
      "type": "official",
      "cite": "3 N.C. 49"
    }
  ],
  "court": {
    "name_abbreviation": "N.C. Super. Ct.",
    "id": 22358,
    "name": "North Carolina Superior Court"
  },
  "jurisdiction": {
    "id": 5,
    "name_long": "North Carolina",
    "name": "N.C."
  },
  "cites_to": [],
  "analysis": {
    "cardinality": 161,
    "char_count": 2116,
    "ocr_confidence": 0.277,
    "sha256": "0ba10e57600010119bb37f8f7d8f58ae651c4d7f4992fe8cdfa721b1c81ba867",
    "simhash": "1:9b92289d0bcd4047",
    "word_count": 372
  },
  "last_updated": "2023-07-14T20:25:52.833864+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Freeland, Assignee vs. Edwards."
    ],
    "opinions": [
      {
        "text": "Haijtoood, Justice.\nThe rule is fixed, that bonds payable without any certain time mentioned, are payable itistanta, and bear interest immediately from the delivery.\nDavie. \u2014 I wish we could have the reason upon which these determinations have been founded, that we plight examine theta and see whether they be good or not. A bond payable on demand, is payable immediately, and may be sued upon immediately, without any previous demand made for that purpose The same in the case with a bond payable on no certain day mentioned in the bond. I believe the British determinations have concurred with ours on this subject, bet really I can perceive no good reason for die distinction ; Our own act directs that bonds payable on demand shall bear interest from the demand ; by the came act. an account stated and signed, bears interest immediately from die signature.\nHaywood, Justice. \u2014 The reason of the distinction is this ; in cane of a bond payable without saying when, the obligee has not to do any act either to entitle himself to the action, or to the interest ; in caso of a bond payable on demand, he undertakes to to make a demand/otherwise the words, on demand, have no meaning j and if a demand is to be made it is for some purpose % it is not to entitle himself to the action; therefore it must be to give a right to demand interest. The act of Assembly proceeds upon this very principle 5 it says a note payable on demand shall bear interest from a demand made. When speaking of an account signed, it sayo, interest shall accrue from the signature ; yet on both instances an action may be brought immediately without any formal demand ; but if we could not give the reason of the decision, yet we know the rule is so established 5 ife is therefore far better to make it the standard of our adjudications than to render the law again uncertain by departing\"from it.\nThere was a judgment accordingly for interest from the date.",
        "type": "majority",
        "author": "Haijtoood, Justice."
      }
    ],
    "attorneys": [],
    "corrections": "",
    "head_matter": "Freeland, Assignee vs. Edwards.\nDEBT upon bond, with a penalty, conditioned to pay without any time mentioned ; and the question was, from what time interest was to be calculated."
  },
  "file_name": "0049-01",
  "first_page_order": 53,
  "last_page_order": 53
}