Legal Opinion · Dissent

Guilford School District No. 3 v. Dakota Trust Co.

North Dakota Supreme Court

Decided January 24, 1921Published

Action to recover. on a surety bond in District Court, Stutsman County, Coffey, J. Defendant has appealed from a judgment in favor of the plaintiff. Moneys after due bear interest at the same rate as before maturity, and the statute rate of interest takes effect after the maturity of the obligation only in the event that there is no interest rate fixed in the contract, to be paid either before or after maturity. Overton v. Bolton (Tcnn.) 24 Am.

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Action to recover. on a surety bond in District Court, Stutsman County, Coffey, J. Defendant has appealed from a judgment in favor of the plaintiff. Moneys after due bear interest at the same rate as before maturity, and the statute rate of interest takes effect after the maturity of the obligation only in the event that there is no interest rate fixed in the contract, to be paid either before or after maturity. Overton v. Bolton (Tcnn.) 24 Am. Rep. 373; Hubbard v. Calahan, 42 Conn. 534, 19 Am. Rep.- 575; Hopkins v. Crittendon, 10 Tex. 189; Findley v. Hall, 12 Ohio, 610; Spencer v. Maxfield,…

1DissentGrace, J.

I disagree with the conclusion arrived at by the majority opinion. The reasons for my dissent in this case are largely similar to those stated in Stutsman County v. Dakota Trust Co. ante, 228, 181 N. W. 586.

2Cases cited1 opinion

  1. Stutsman County v. Dakota Trust Co.North Dakota Supreme Court · 1921

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