Finley v. Carothers
Texas Supreme Court
Appeal from Montgomery. The County Court had ordered the administrator in the payment of claims admitted and approved as due upon open accounts, not to allow interest upon snob open accounts. The District Court reversed the judgment and adjudged that interest should he computed and allowed upon such accounts from the date of their approval until paid, from which judgment the administrator appealed.
1Opinion of the CourtLipscomb, J.
The appellant contends that the court erred in its judgment in allowing any interest at all, and that it is in contravention of the statute of the State fixing the rate of interest; that the act of the prohate judge in approving the claim did not change its character; that it remained an open account still; and that interest could not be allowed upon it as such. The second section of the act of January 18, 1840, to regulate interest, (Hart. Dig., art. 1007,) allows interest upon all written contracts ascertaining the sum due. An open account not being such written contract ascertaining the…
2Cited by7 opinions
- Eccles v. DanielsTexas Supreme Court · 1856
- Dallas Gas Co. v. StateCourt of Appeals of Texas · 1924
- In re Estate of GlennCalifornia Supreme Court · 1888
- Hays v. TilsonCourt of Appeals of Texas · 1898
- Franklin Bros. v. Standard Mfg. Co.Court of Appeals of Texas · 1934
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