Wyoming National Bank v. Brown
Wyoming Supreme Court
Beseeved questions from the District Court for Albany County. Hon. J. H. Hayeoed, Judge. The defendants on July 27, 1892, executed their note to the plaintiff bearing interest from date until paid, at the rate of twelve per cent per annum. June 12, 1893, plaintiff obtained a j udgment on the note against the defendants.
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Beseeved questions from the District Court for Albany County. Hon. J. H. Hayeoed, Judge. The defendants on July 27, 1892, executed their note to the plaintiff bearing interest from date until paid, at the rate of twelve per cent per annum. June 12, 1893, plaintiff obtained a j udgment on the note against the defendants. When the judgment was rendered, interest upon judgments was governed by Section 1312, Devised Statutes, which provided that “interest on all judgments and decrees for the payment of money shall be at the rate of twelve per cent per annum from the date of the rendition thereof…
1Opinion of the Court
CoRN, Justice.
(After stating tbe case as above) In reason, and by tbe very great preponderance of authority, where there is either an express or implied contract to pay interest until the principal sum shall be paid, interest at the agreed rate, or, in the absence of an agreed rate, at the rate prescribed by law at the date of the contract, will be the rate recoverable until payment of the principal, or until the contract is merged in a judgment. State v. Guenther, 87 Wis., 673; O’Brien v. Young 95 N. Y., 429; Morley v. Lake Shore R. Wy. Co., 146 U. S., 163.
It is also well settled that when…
2Cases cited8 opinions
- Louisiana Ex Rel. Folsom v. Mayor and Administrators of New OrleansSupreme Court of the United States · 1883
- Morley v. Lake Shore & Michigan Southern Railway Co.Supreme Court of the United States · 1892
- O'Brien v. . YoungNew York Court of Appeals · 1884
- Rae v. HulbertIllinois Supreme Court · 1856
- Long v. . N.Y.C.R.R. Co.New York Court of Appeals · 1872
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- Lyantie Townsend, etc. v. R.J. Reynolds Tobacco CompanySupreme Court of Florida · 2016
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