Opinion · Supreme Court of North Carolina
Ryan v. . Blount
Ryan v. . Blount, 16 N.C. 382 (N.C. 1830)
- Type
- Opinion
- Court
- Supreme Court of North Carolina
- Jurisdiction
- North Carolina
- Date
- 1830-06-05
- Topic
- general
*385 Henderson Chief Jutice, after staling tlsí* raso as above proc' ed -d : — if in fact it (iid appear upon die av.ai d, where ;<!«;»■ the Court can look to to d if, find the »rbltraio»« decided according to Jaw, and urstook the Jaw, tbj error tnay be- corrected ; for thereby <ír* aw aid is nr i vstrh d from what the arbitrators intended, hot it la made to be what they designed it should h*. Bui no such toto.rf' appears upon the awsud, oroCwvrc* nn we can pci *.ni*.c. The Court must have come to that con-elusion by conjecture, or by evidence aliunde ; neither of -.v)iich sources will do, ft must plainly > :•••.»• «pon the, award j otherwise it is taken that the arbitrators intended to Ik* governed by their own rules or notions of right, Boil the law and the facts are referred to them. And where there is no fraud or mistake, tli« hitler to be ascertained as before stated, the award is ;,.;;ivo.. ll is it* their judgment as to bo h. that the parties confide. It in quite possible, nay, it is probable, thill (lie arbitrators intended to be governed by the law on the subject of interest.
Citator
UpLaw has not yet analyzed Ryan v. . Blount. The absence of a flag is not a finding that it is good law.
- Cited by
- 1 opinion
2. Interest is not of course to be compounded in favor of a ward against the executors of his guardian, but simple interest only is to be computed from the death of the latter, unless compound interest was received.
3. Ordinarily, a guardian is to be charged with compound interest, but he may be exempted from it by proving that, after suitable exertions, he was unable to realize it.
4. No decree can be made against one on whom process has not been served, unless he has entered an appearance.
No answers were filed by any of the defendants, but by an agreement, signed by the plaintiff and all the defendants, except Pettigrew, the matters in difference between the parties were referred to arbitration.
On the Fall Circuit of 1829 the arbitrators returned their award, accompanied by an account of the funds with which the defendant's testator was chargeable, from which it appeared that they had ascertained the sum in the hands of the latter, due the plaintiff, on 1 January, 1815, to be $2,236.05, upon which they had allowed the plaintiff compound interest up to 1 January, 1829, amounting in the whole to $5,055.36.
Upon the coming in of this award, before DANIEL, J., it was objected to the award by the defendant's counsel that the award should be set aside as to that part thereof wherein the defendants were charged in the report made by the said arbitrators, and filed in the cause, with compound interest from 1 January, 1815, to 1 January, 1829, and (384) the said report being examined by the court, and it appearing to the court that the defendants were charged with compound interest from the said 1 January, 1815, to the said 1 January, 1829 (John Beasley, the guardian of complainant, having died about 1 January, 1815), and it appearing to the court that the arbitrator did so charge the defendants with compound interest, and it appearing further to the Court that the arbitrators undertook to decide according to principles of law, and they mistook the law in so charging the defendants with compound interest: It is ordered and decreed that the award be set aside as to that part thereof, the court being of opinion that the defendants are chargeable with simple interest only from the death of the guardian. And now a computation being made by consent at this term, charging the defendants with simple interest only from 1 January, 1815, whereby it appears that the sum of $3,761.58 was due complainant on 1 January, 1829, according to the award, and according to that method of computation, of which sum $2,044.34 is principal, and it is ordered and decreed that the award in all other matters and things be confirmed.
Whereupon, it is ordered and decreed by the court that the complainant, David L. Ryan, do recover of the defendants James Iredell, Clement H. Blount, and Ebenezer Pettigrew, executors of John Beasley, the said sum of $3,761.50, with interest, etc.
From this decree, so far as it directed the award to be set aside as to the compound interest charged the defendants, the plaintiff appealed.
PER CURIAM. Decree of the court below reversed, and decree for plaintiff for the sum of $5,055.36, with interest, etc., to be levied of the assets in the hands of the defendants.Page 220Cited: Wood v. Brownrigg,14 N.C. 431;Mitchell v. Robards,17 N.C. 479;Pierce v. Perkins, ibid., 251;Leach v. Harris,69 N.C. 537;Lusk v.Clayton,70 N.C. 188;Wyatt v. R. R.,110 N.C. 247;Herndon v. Ins.Co., ibid., 287.