Legal Opinion
Miller v. Burroughs
New York Court of Chancery
Decided June 22, 1820PublishedCited by 9 opinions
IN the bond, for which the mortgage in this case was taken as security, the interest was expressed to be at six per cent per annum. The day of payment having passed, the bond and mortgage became forfeited. The question was, whether the plaintiffs were not entitled to seven per cent, interest, being the lawful interest, from the time of the forfeiture.
1Per curiam
Interest must be decreed according to the contract of the parties, until the contract ceases to operate, by being merged in the decree.
Six per cent, only, is, therefore, to be allowed up to the time of confirmation of the Master’s report.
2Cited by9 opinions
- Pierce v. Boston Five Cents Savings BankMassachusetts Supreme Judicial Court · 1880
- Union Institution for Savings v. City of BostonMassachusetts Supreme Judicial Court · 1880
- Brannon v. HursellMassachusetts Supreme Judicial Court · 1873
- Pruyn v. City of MilwaukeeWisconsin Supreme Court · 1864
- People v. Merchants' Trust Co.Appellate Division of the Supreme Court of the State of New York · 1906
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