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Virdin's Administrator v. Polk's Administrator

1 Del. Cas. 444 Court Supreme Court. Sussex. English

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Majority

p. 444
VIRDIN’S ADMINISTRATOR v. POLK’S ADMINISTRATOR.
Supreme Court. Sussex.
October, 1797.
Bayard’s Notebook, 204.[1]
p. 445
Bayard for plaintiff. Wilson for defendant.

We have never had any doubt of the right of a creditor to apply any money paid to him to the payment of the interest due at the time, whether the year be expired or not. A creditor is not bound to receive a partial payment. If he does, it is a favor or accommodation to the debtor, and the creditor must not be put in a worse situation than if the whole debt had been paid. We consider that interest accrues and is due from day to day, and therefore that a creditor has a strict right to pay the interest accrued in the first place, at any time when a payment is made. And we apprehend the case is the same where interest is reserved and payments are made before the principal is due.