Goldman v. City of Worcester
Massachusetts Supreme Judicial Court
Contract for $226.88, alleged to be money had and received by the defendant to the use and benefit of the plaintiff. Writ dated May 15,1918. In the Superior Court, the action was heard by Hammond, J., upon the pleadings and an agreed statement of facts.
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Contract for $226.88, alleged to be money had and received by the defendant to the use and benefit of the plaintiff. Writ dated May 15,1918. In the Superior Court, the action was heard by Hammond, J., upon the pleadings and an agreed statement of facts. It appeared that the $226.88 sought by the plaintiff was the interest which had accrued at three per cent upon $6,875.45, which, because of certain claims filed against the defendant under the provisions of St. 1909, c. 514, § 23, was being held by the defendant as security after it was due and payable to the plaintiff on account of the…
1Opinion of the CourtBraley, J.
The general rule at law is that interest is allowed upon the ground of contract either expressed or implied for its payment, or by way of damages where money is detained, or for breach in the performance of a contract where some duty has been violated. Dodge v. Perkins, 9 Pick. 368. Donahue v. Partridge, 160 Mass. 336. Whitcomb v. Whitcomb, 217 Mass. 558. While equity generally follows the law, interest occasionally is allowed in the exercise of a sound discretion. Williams v. American Bank, 4 Met. 317. Law v. East India Co. 4 Ves. Jr. 824. See Hollister v. Barclay, 11 N. H. 501. The…
2Cases cited10 opinions
- National Bank v. Insurance Co.Supreme Court of the United States · 1881
- Cronan v. CottingMassachusetts Supreme Judicial Court · 1870
- Furber v. DaneMassachusetts Supreme Judicial Court · 1910
- Webb Granite & Construction Co. v. City of WorcesterMassachusetts Supreme Judicial Court · 1905
- Woodward v. TowneMassachusetts Supreme Judicial Court · 1879
5 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Carpenter v. Suffolk Franklin Savings BankMassachusetts Supreme Judicial Court · 1973
- Winchell v. Plywood Corp.Massachusetts Supreme Judicial Court · 1949
- Ratner v. HillMassachusetts Supreme Judicial Court · 1930
- Peerless Unit Ventilation Co. v. D'Amore Construction Co.Massachusetts Supreme Judicial Court · 1933
- Ellis v. SullivanMassachusetts Supreme Judicial Court · 1922
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