Mowry v. Peck
Supreme Court of Rhode Island
This case was referred to the Judges of the Court by a rule upon the following agreed statement of facts : “ The estate of David Daniels of Smithñeld, upon which the said Ira B. Peck was duly appointed Administrator by the Court of Probate of said Smithfield, was by said Peck represented to said Court as insolvent and commissioners were duly appointed by said Court of Probate to examine and allow claims against said estate according to the statute.
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This case was referred to the Judges of the Court by a rule upon the following agreed statement of facts : “ The estate of David Daniels of Smithñeld, upon which the said Ira B. Peck was duly appointed Administrator by the Court of Probate of said Smithfield, was by said Peck represented to said Court as insolvent and commissioners were duly appointed by said Court of Probate to examine and allow claims against said estate according to the statute. David Mowry has claims by note and book-account against said estate, which were presented before said commissioners and by them allowed. The debts…
1Opinion of the Court
The CouRT held that the report of the commissioners was in the nature of a judgment, ascertaining the sums due from the deceased at his death, and that, from and after that time, interest upon such sums was allowable as upon a judgment. And they reported as fol lows :—
“ That the said David Mowry is entitled to recover the interest on the claims allowed by the commissioners on the estate of David Daniels deceased, to the said David Mowry pro rata with other claims allowed to other individuals by said commissioners, to be computed from the day of the death of David Daniels to the time of the…
2Cited by1 opinion
- Harris v. AngellSupreme Court of Rhode Island · 1888