Murdock v. Lewis
Missouri Court of Appeals
Arread from the St. Louis Circuit Court, Shepard Barclay, Judge. The contractual obligation to pay interest is regulated and limited by statute, and can not exist in law if not conformable to the statute. Compton v. Johnson, 19 Mo. App. 88. Where the statute allows interest upon a promise in writing, without the writing there can be no claim of interest. Rev. Stat., sects. 2724, 2728 ; see, also, Moore v. Bank, 22 Mo. App. 684; Sammis v. Clark, 13 Ill. 544; Hitt n.
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Arread from the St. Louis Circuit Court, Shepard Barclay, Judge. The contractual obligation to pay interest is regulated and limited by statute, and can not exist in law if not conformable to the statute. Compton v. Johnson, 19 Mo. App. 88. Where the statute allows interest upon a promise in writing, without the writing there can be no claim of interest. Rev. Stat., sects. 2724, 2728 ; see, also, Moore v. Bank, 22 Mo. App. 684; Sammis v. Clark, 13 Ill. 544; Hitt n. Allen, 13 Ill. 592; Myers v. Walker, 24 Ill. 133; Close v. Fields, 3 Texas, 232. The mere fact that one is. a depositary, or…
1Opinion of the CourtThompson, J.
This was an action on a promissory note, given for $1,503.25, on March 20, 1875, payable twelve months after date, with interest at ten per cent, per annum from date, with the provision that, :<if the interest thereon be not promptly paid annually, or when due, the same shall, when due, be added to, and become a part of, the principal, and bear interest at the same rate.”
The court, on motion of the plaintiff, struck out a part of the answer, which was as follows;
“The defendant states that, for some time prior to the year 1866, and up to the date of the said note, the defendant was rendering…
2Cases cited24 opinions
- Halsa v. HalsaSupreme Court of Missouri · 1843
- Stillwell v. AaronSupreme Court of Missouri · 1879
- Ransom v. HaysSupreme Court of Missouri · 1867
- Greenabaum v. ElliottSupreme Court of Missouri · 1875
- Melton v. SmithSupreme Court of Missouri · 1877
19 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Hoover v. Western Coal & Mining Co.Missouri Court of Appeals · 1911
- Corley v. McKeagMissouri Court of Appeals · 1894
- Livingston v. BurtonMissouri Court of Appeals · 1891