Legal Opinion

Bowman v. Wilson

U.S. Circuit Court for the District of Western Missouri

Decided July 1, 1882PublishedCited by 14 opinions

Bill of Review.

1Opinion of the CourtMcCrary, C. J.

Interest is allowed upon the ground that the debtor is in default and has the use of claimant’s money. It is never allowed where, by the order of a court of competent jurisdiction, or by the interposition of the law, or the act of the creditor, payment of a debt has been prevented. During the continuance of such prevention the interest does not run. If a fund is in the custody of the law — in the possession of a court — and cannot be paid out without the order of such court, it does not ordinarily bear interest. I know of no principle of law or equity upon which the interest claimed can be…

2Cited by14 opinions

  1. Pennsylvania Steel Co. v. New York City Ry. Co.Court of Appeals for the Second Circuit · 1912
  2. Bank of China v. Wells Fargo Bank & Union Trust Co. (Two Cases)Court of Appeals for the Ninth Circuit · 1953
  3. Land Clearance for Redevelopment Authority v. ZitkoSupreme Court of Missouri · 1964
  4. State Ex Rel. State Highway Commission v. PaulSupreme Court of Missouri · 1963
  5. First Nat. Bank of Houston v. Campbell Co.Court of Appeals of Texas · 1908

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