Selleck v. French
Supreme Court of Connecticut
IN ERROR. THIS was an action of book-debt, brought by French against the plaintiffs in error, as administrators of the estate at James Selleck, deceased. In the superior court, the cause was referred to auditors, who found that the deceased was indebted to the plaintiff the sum of 135 dollars 71 cents; which sum was composed of 99 dollars 63 cents principal, and 36 dollars 8 cents interest.
Read the full summary
IN ERROR. THIS was an action of book-debt, brought by French against the plaintiffs in error, as administrators of the estate at James Selleck, deceased. In the superior court, the cause was referred to auditors, who found that the deceased was indebted to the plaintiff the sum of 135 dollars 71 cents; which sum was composed of 99 dollars 63 cents principal, and 36 dollars 8 cents interest. From a remonstrance to the auditors' report, and the finding of the court thereon, it appeared that the plaintiff’s account was unliquidated; that there had been no agreement to pay interest; and that the…
1Opinion of the CourtSwift, J.
This was an action of book-debt; and the only question arising in the case is, whether interest ought to be allowed.
It appears that a sum was due to the plaintiff for advancements ; that there had been no mutual dealings; that the debt had not been liquidated by the parties; and that there was no special agreement or custom to pay interest. Interest was *33allowed by the court; and to this the defendant objects, because there was no contract or custom to pay it.
Interest by our law is allowed on the ground of some contract express or implied to pay it, or as damage for the breach of some…
2Cited by48 opinions
- Lineman v. SchmidCalifornia Supreme Court · 1948
- Bernhard v. Rochester German InsuranceSupreme Court of Connecticut · 1906
- Sullivan v. McMillanSupreme Court of Florida · 1896
- Heidenheimer & Co. v. L. A. & EllisTexas Supreme Court · 1887
- Lowndes v. City National BankSupreme Court of Connecticut · 1909
43 more not listed; retrieve them via the Exa API.