Henderson Cotton Manufacturing Co. v. Lowell Machine Shops
Court of Appeals of Kentucky
Case 89 — PETITION ORDINARY APPEAL FROM HENDERSON CIRCUIT COURT. 1. An account for merchandise, whether liquidated or unliquidated, does not bear interest as matter of law. Interest cannot be allowed on unliquidated accounts, and as to liquidated accounts, it is discretionary with the jury to allow or refuse interest.
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Case 89 — PETITION ORDINARY APPEAL FROM HENDERSON CIRCUIT COURT. 1. An account for merchandise, whether liquidated or unliquidated, does not bear interest as matter of law. Interest cannot be allowed on unliquidated accounts, and as to liquidated accounts, it is discretionary with the jury to allow or refuse interest. (Murray Y. Ware’s Adm’r, 1 Bibb, 327; Neal v. Keel, 4 Mon., 164; Harrison v. Handley, 1 Bibb, 446; Cartmell v. Brown, 1 A. K. Mar., 578; Adams Express Co. v. Melton, 11 Bush, 50; Dozier v. Edwards, 3 Litt., 72; McKinney y. Commonwealth, 1 J. J. M., 320; Stark’s Adm’r v. Price, 5…
1Opinion of the Court
JUDGE HOLT
delivered the opinion of the court.
The appellant purchased of the appellee the machinery for a cotton factory. The jjetition does not aver whether the contract was parol or in writing. The evidence shows that it was made by telegram and letter. It is immaterial, however, to the consideration of the questions involved, whether it was one way or the other. It was for the purchase of about ninety thousand dollars’ worth, payable at certain times. It is admitted that the first bill of about seventy-six thousand dollars in value was delivered under this contract. A few months thereafter…
2Cases cited3 opinions
- Walden v. SherburneNew York Supreme Court · 1818
- Young v. GodbeSupreme Court of the United States · 1873
- Beauchamp v. TennelCourt of Appeals of Kentucky · 1809
3Cited by29 opinions
- Nucor Corp. v. General Electric Co.Kentucky Supreme Court · 1991
- Richmond & I. Const. Co. v. Richmond, N., I. & B. R.Court of Appeals for the Sixth Circuit · 1895
- Swiss Oil Corporation v. HuppCourt of Appeals of Kentucky (pre-1976) · 1934
- Dalton v. MullinsCourt of Appeals of Kentucky (pre-1976) · 1956
- Axton v. VanceCourt of Appeals of Kentucky · 1925
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