Houston v. Crutcher
Mississippi Supreme Court
In error to the Circuit Court .of Hinds county. Hon. John J. Guión, judge. The facts are sufficiently stated in the opinion of the court. 1. The instruction given on the mode of computing interest is error: because, first, the statute regulating the mode of computing interest does not apply to open accounts. Hutch. Code, 643, art. 7, § 7: and second, if it did, the rule laid down by the court.is directly contrary to the language of the statute.
Read the full summary
In error to the Circuit Court .of Hinds county. Hon. John J. Guión, judge. The facts are sufficiently stated in the opinion of the court. 1. The instruction given on the mode of computing interest is error: because, first, the statute regulating the mode of computing interest does not apply to open accounts. Hutch. Code, 643, art. 7, § 7: and second, if it did, the rule laid down by the court.is directly contrary to the language of the statute. The language of the statute is, “ The interest that has there accrued shall be first credited, and the balance of such partial payment shall be placed…
1Opinion of the CourtHandy, J.
This was an -action at law to recover the balance claimed to be due by the plaintiff in error to the defendants, upon an open account for goods and merchandise, sold and delivered; for commissions for accepting and paying drafts, and for balances of interest due the defendants upon an adjustment of mutual accounts between the parties.
Two questions are presented for decision: first, whether the in*54struction to the’jury, given, by the court, in relation to the mode of calculating interest upon the claim was erroneous; and, second, whether the verdict was contrary to the evidence, and the motion…
2Cases cited1 opinion
- Howcott v. CollinsMississippi Supreme Court · 1852
3Cited by3 opinions
- Brooks v. RobinsonMississippi Supreme Court · 1876
- C. B. Foster & Co. v. Fulton Bag & Cotton MillsMississippi Supreme Court · 1930
- J. H. Thompson & Co. v. MatthewsMississippi Supreme Court · 1879